20171236 Ver 2_ePCN Application_20220630

Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
0 No
Is this project a public transportation project?*
OYes 0No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
5/25/2022
BIMS # Assigned *
20171236
Is a payment required for this project?*
O No payment required
O Fee received
Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
Version#*
What amout is owed?*
O $240.00
0 $570.00
Select Project Reviewer*
John Perry:eads\jmperry2
la. Name of project:
Headwaters Apartments and Cottages
la. Who is the Primary Contact?*
Kim Williams - Davey Resource Group
lb. Primary Contact Email:*
lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
6/30/2022
Nearest Body of Water
Mill Creek
Basin
White Oak
Water Classification
SA; HQW
Site Coordinates
Latitude:
34.3584
A. Processing Information
Longitude:
-77.7717
County (or Counties) where the project is located:
Pender
Is this a NCDMS Project
0Yes ONo
Is this project a public transportation project?*
0Yes ONo

la. Type(s) of approval sought from the Corps:
EI Section 404 Permit (wetlands, streams and waters, Clean Water Act)
O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
O No
1b. What type(s) of permit(s) do you wish to seek authorization?
O Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
0Yes ®No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
39, 18
td. Type(s) of approval sought from the DWR:
O 401 Water Quality Certification - Regular
O Non-404 Jurisdictional General Permit
❑ Individual 401 Water Quality Certification
29 - Residential 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:
If. Is this an after -the -fact permit application?*
O Yes O 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 O No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
lh. 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)?
O Yes O No
1j. Is the project located in a designated trout watershed?
Yes • No
B. Applicant Information
0 Unknown
0Yes ONo
OYes 0No
ld. Who is applying for the permit?
O Owner O Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
OYes 0No
2. Owner Information
2a. Name(s) on recorded deed:
Headwaters Properties, LLC & Three Oaks Partners LLC
2b. Deed book and page no.:
2c. Contact Person:
Jason Swain

2d. Address
Street Address
1131-B Military Cutoff Rd
Address Line 2
City
Wilmington
Postal / Zip Code
28405
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group
4c. Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
1. Project Information
lb. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Hampstead
2. Project Identification
2a. Property Identification Number:
3282-74-8862-0000; 3282-74-6231-0000;
3282-74-3515-0000;3282-74-1001-0000;
3282-83-0888-0000; 3282-73-8614-0000
2c. Project Address
Street Address
Deerfield Drive
Address Line 2
City
Hampstead
Postal / Zip Code
28443
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Mill Creek
3b. Water Resources Classification of nearest receiving water: *
SA; HQW
2b. Property size:
42.7
State / Province / Region
NC
Country
USA
3c. What river basin(s) is your project located in?*

2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
1
Road Crossing
P
Hardwood Flat
N/A
Yes
Both
0.049
(acres)
2
Retaining Wall
Construction Corridor
T
Hardwood Flat
N/A
Yes
Both
0.004
(acres)
3
Building Construction
P
Non-Riverine Swamp Forest
N/A
Yes
Both
0.073
(acres)
4
Road Crossing
P
Non-Riverine Swamp Forest
N/A
Yes
Both
0.035
(acres)
5
Stormwater Pond
P
Non-Riverine Swamp Forest
N/A
Yes
Both
0.022
(acres)
2g. Total Temporary Wetland Impact
0.004
2g. Total Wetland Impact
0.183
2i. Comments:
Additionally, impacts to 0.56 acre of isolated wetlands (basin) are proposed.
4. Open Water Impacts
2g. Total Permanent Wetland Impact
0.179
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbodytype
4f. Impact area
1-3
Fill for road; excavation
of pond
P
N/A
Fill
Ditch
0.04
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.04
4h. Comments:
E. Impact Justification and Mitigation
4g. Total permanent open water impacts:
0.04
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The majority of the 404 wetland impacts are needed to construct the access road between Hughes Road and Deerfield Drive. The location of the road
was determined with input from DOT and was positioned to line up at existing intersections with other roads. Therefore, it could not be moved to avoid
these wetlands. The applicant also evaluated whether reducing the size of one or more of the outparcels and shifting apartment buildings could avoid
Wetland Impact #3. It was determined that this impact could not be minimized. Even if it was avoided, the construction of the road and stormwater pond
right next to it would affect its hydrology. The majority of wetlands to be impacted are very small depressions with little hydrologic or habitat function.
Stormwater ponds will be constructed adjacent to wetlands in the northern part of the site. However, topographic information for this area indicates that
hydrology will be maintained to these wetlands by run off coming from the adjacent property. Note that a culvert will be installed under the road at
Wetland Impact #1 to maintain hydrology.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain stormwater and sedimentation and erosion control permits prior to development.
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 O No
2c. If yes, mitigation is required by (check all that apply):
O DWR CJ Corps
2d. If yes, which mitigation option(s) will be used for this project?
lei Mitigation bank Payment to in -lieu fee program O Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Northeast Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)

White Oak
3d. Please provide the 12-digit HUC in which the project is located.
0302030204
4. Project Description and History
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 tract is currently undeveloped. The northern part of the site was cleared 6-8 years ago and now supports a dense shrub layer. Remaining uplands within the site support a mix of
hardwoods and pines that are 25 to 30 years in age. The wetland drain that runs through the center of the site supports mostly black gum. A few dirt roads provide access throughout the
site. Adjacent land use is commercial, residential or undeveloped and forested.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
® Yes 0 No 0 Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2016-00123; DWR Project # 2017-1236. These permits authorized permanent impacts to 0.2 acre of 404 wetlands, 0.56 acre of isolated wetlands (basin), and 0.0046 acre of RPW;
temporary impacts to 0.003 acre of wetlands. This was for a commercial development.
4f. List the total estimated acreage of all existing wetlands on the property:
3.5 acres of 404 wetlands; 0.56 acres of isolated wetlands
4g. List the total estimated linear feet of all existing streams on the property:
N/A
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a mixed use development within the site that will contain both residential and commercial uses to serve the housing and retail needs of the
community. Wetland impacts are needed for site access, construction of buildings, and stormwater.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The residential development will contain 7 apartment buildings, 48 single-family lots, an amenity area (clubhouse, pool), and 3 outparcels off of Highway 17. Roads, utilities, stormwater
ponds, and parking areas are also proposed. Future development is planned off Collector Road B.
Sediment and erosion control measures will be put in place. Then the limits of disturbance will be cleared of vegetation and site grading will occur. Roadways and utilities will be installed.
A culvert will be installed within a ditch (Impact #1) to maintain flow. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction
equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
f Yes
Comments:
No 0 Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
0 Preliminary O Approved O Not Verified O Unknown O N/A
Corps AID Number:
SAW-2017-00892; SAW-2016-00123
Sc. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Paul Farley
Agency/Consultant Company: Davey Resource Group
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Emily Greer with the USACE issued two JDs for the project area. The JD for the southern portion of the project area was issued on 5/3/2017 (Action ID# SAW-2017-00892). The JD for the
remaining part of the project area was issued on 7/13/2016 (Action ID# SAW-2016-00123). Both of these JDs have expired. A new AJD request package is submitted with this application.
6. Future Project Plans
6a. Is this a phased project?*
Yes
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?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
O Wetlands 0 Streams -tributaries
Open Waters 0 Pond Construction
0 Buffers
2. Wetland Impacts

Type:
Non -riparian wetland
Quantity:
0.4
3c. Comments
F. Stormwater Management and Diffuse Flow Plan (required by DWR) C")
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes • No
If no, explain why:
Site is located in White Oak River Basin
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
0Yes ®No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)7
0Yes ®No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
O Yes No
0 N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
O Local Government State
State Stormwater Programs
Phase II
HWQ or ORW
Comments:
Project engineer is currently preparing the stormwater plan.
G. Supplementary Information
O Coastal Counties
O Other
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes • 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)?*
Yes • No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes • No
3b. If you answered "no," provide a short narrative description.
The project will not provide utilities or access to adjacent tracts. No additional impacts to jurisdictional areas are anticipated on this site. Stormwater and
erosion control permits will be obtained and implemented to ensure downstream waters are protected.
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.
Project will tie into municipal wastewater treatment system.
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?*
• 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?
0Yes ONo
O No 0 Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
OYes 0No
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.?
0 Yes ® No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program website was used to determine the presence of federally -listed species. No federally listed species are known to
occur on the site. The Atlantic sturgeon and West Indian manatee are known to occur within a one -mile radius of the site. Several state -listed species
have been documented within a one -mile radius of the site, likely in the lower limits of Mill Creek or the AIWW, which is located approximately one mile
from the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these
are coastal and/or marine species and would not be found within the project area. The site is a mix of hardwoods and pines, with a moderately dense
shrub layer. Therefore, it does not appear to provide suitable habitat for the red cockaded woodpecker. Forested areas within the site provide
appropriate summer and wintering roosting habitat for the northern long-eared bat. Because no roost trees have been identified by the USFWS in
Pender County, any associated take from the proposed project as a result of clearing trees would be exempt per the Programmatic Biological Opinion for
the NLEB. The site does not appear to provide suitable habitat for any other species known to occur in the area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
O Yes O No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
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 ® No
7b. What data sources did you use to determine 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
cultural or historical resources were noted within or adjacent to the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Website.
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
Headwaters Attachments.pdf 15.4MB
File must be PDF or KMZ
Comments
Signature
i] 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:
Kim Williams
Signature
Date
6/30/2022

DAVEY#-,
Resource Group
June 30, 2022
TO: US Army Corps of Engineers NC Division of Water Resources
69 Darlington Avenue 127 Cardinal Drive Extension
Wilmington, NC 28403 Wilmington, NC 28405
RE: Headwaters Apartments & Cottages; Hampstead, NC; Pender County
NWP 29, 39, & 18 Application
Action ID# SAW-2017-00892; SAW-2016-00123
To Whom It May Concern:
On behalf of Headwaters Properties, LLC, Davey Resource Group is submitting a Pre -Construction
Notification form and associated attachments for Headwaters Apartments & Cottages, a mixed -use
development located off Deerfield Drive in Hampstead, NC. The purpose of the project is to construct
a residential and commercial development within the tract to serve the housing and shopping needs
of the Pender County community.
The project proposes to permanently impact 0.179 acre of wetlands and 0.04 acre of jurisdictional
ditches for road crossings & site development (0.022 acre needed for a stormwater pond).
Additionally, temporary impact to 0.004 acre of wetlands is also needed to install a retaining wall. To
mitigate for permanent impacts, the applicant proposes to purchase credits from the Northeast Cape
Fear Umbrella Mitigation Bank.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
W
Kim Williams
Environmental Scientist
Encl.
www.lmgroup.net • info@lmgroup. net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

HEADWATERS APARTMENTS & COTTAGES
Pender County, NC
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. 2020 Aerial Photograph
3.0 SITE PLAN DRAWINGS
WET 1. Overall Site Plan
WET 2. Close -Up Views of Impacts
4.0 AJD RENEWAL REQUEST
5.0 PREVIOUS JDS & SECTION 404/401 PERMITS
6.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
7.0 NECFUMB CREDIT RESERVATION LETTER

1.0 AGENT AUTHORIZATION FORM

DAVE' ,
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM 1T MAY CONCERN:
llwe, the undersigned, hereby authorize Davey Resource Group to act as our agent in the
determination of jurisdictional wetland boundaries and Section 4041401 permitting an the subject
property, Headwaters Track. By way of this form, Uwe additionally authorize access to the site
by representatives of the US Army Corps of Engineers andlor the NC Division of Coastal
ManagemQnt for the purpose of reviewing the flagged wetland boundary and providing a final
jurisdictional determination. Any questions regarding the jurisdictional wetland determination
should be directed to Davey Resource Group.
Please provide the following information:
Property Address and Parcel ID Number: Deerfield Dr; Hampstead, NC
Parcel ID #3282-74-8862-00110; 32 82-74-6 23 1 -0 000; 3292-74-3515-0000, 32.92-74-1001-0000
Current Property Owner Names headwaters Properties LLC
Owner Address, Phone Number, & Email Address
Address; 111311-8 Military Cutoff Rd. Wilmineton, NC 28405
Email: L1 I
Phone- It a-7, 1 ?-
Notice: This authorization, for liability & pro ressional courtesy reasons, is valid only for government 9Me! aIs
to enter the property when accompanied by Davey Resource Group staff. Please Call DRG to arrange a site
meeting prior to visiting the site.
c
Print Ownan&Name
Owner's Signature
:,7 0 1-7
Date
Phone: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, t'tiC 28403
davey resourcegroup.co mlca roll "as

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. 2020 Aerial Photograph

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DAVEY _
Figure 1.
Resource Group
Vicinity Map
June 2022
DRGNCW22.322
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]

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Fender County, NC
DAVEY _
Figure 4.
Resource Group
Soils Map
June 2022
3805 Wrightsville Avenue
DRGNCW22.322
Wilmington, NC 28403
[phone]

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Resource Group Aerial Photo
June 2022 3805 Wrightsville Avenue
DRGNCW22.322 Wilmington,NC 28403
[phone]

3.0 SITE PLAN DRAWINGS
WET 1. Overall Site Plan
WET 2. Close -Up Views of Impacts

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4.0 AJD RENEWAL REQUEST

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW -
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Headwaters Tract
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: ZPrivate ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
AJD Renewal Request.
4. Property Owner / Applicant [PCN Form A3 or A4]: Headwaters Properties, LLC & Three Oaks Partner
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
Paul Farley - DRG
6. Related Action ID Number(s) [PCN Form 135b]: SAW-2017-00892; SAW-2016-00123
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
Deerfield Dr & Hughes Rd; Hampstead, NC
34.35831 N;-77.714547 W
8. Project Location —Tax Parcel ID [PCN Form Bla]: 3282-74-8862-0000; 3282-74-6231-0000; 3282-74-1
9. Project Location — County [PCN Form A2b]: Pender
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Hampstead
11. Project Information — Nearest Waterbody [PCN Form 132a]: Mill Creek
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03030001
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
❑ Standard Permit
Nationwide Permit 4
Regional General Permit 9
✓ Jurisdictional Determination Request
Section 10 and 404 ❑
❑Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20150602

DA&V ILEY
Resource Group
June 27, 2022
TO: Mr. Tom Charles
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: Headwaters Tract; Hampstead, NC; Pender County
Approved Jurisdictional Determination Renewal Request
Action ID# SAW-2017-00892; SAW-2016-00123
Dear Tom:
I have enclosed an AJD Renewal Request Package for the Headwaters Tract located in
Hampstead, NC (Pender County). The review area is Parcel IDs# 3282-74-8862-0000;
3282-74-6231-0000; 3282-74-3515-0000; 3282-74-1001-0000; 3282-83-0888-0000;
3282-73-8614-0000 and is approximately 42.6 acres.
This data package is for your use in preparation for a site review. We look forward to
meeting with you on site at your earliest convenience to review the wetland line. Please
let us know if you have any questions.
Thank you for your assistance.
Sincerely,
�- ul�'
Kim Williams
Environmental Scientist
Encl.
Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

DAVEY1t.
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group to act as our agent in the
determination of jurisdictional wetland boundaries and Section 404/401 permitting on the subject
property, Headwaters Tract By way of this form, 1/we additionally authorize access to the site
by representatives of the US Army Corps of Engineers and/or the NC Division of Coastal
Management for the purpose of reviewing the flagged wetland boundary and providing a final
jurisdictional determination. Any questions regarding the jurisdictional wetland determination
should be directed to Davey Resource Group.
Please provide the following information_
Properly Address and Parcel ID Number! Deerfield Dr: Hampstead. NC
Parcel ID ##3282-83-0888-0000: 3282-73-8614-0000
Current Property Owner Name: Three Oaks Partners LLC
Owner Address, Phone Number, & Email Address:
Address: 1131-B Military Cutoff Rd: Wilmineon, NC 28405
Email: l'ivel 5 1. ' r, L :., 5 A-t ,!LiA-R5
Phone: 1) .5 /. i
Nattee: This authortxation,For liability Sr.professional courtesy reasons,is valid only for government officials
to enter the property when accompanied by Davey Resource Group staff. Please call DRG to arrange a site
meeting prior to visiting the site.
Print Own °s-Name
O mnatare
L/Z6 7
Date
Phone: [phone]
3805 Wrightsville Ave,Suite 15,Wilmington,NC 28403
daveyresourc egrou p.ca mlca roli nas

urisdictional Determination Reauest
US Army Corps
of Engineers.
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: Deerfield Dr; Hughes Rd
City, State: Hampstead NC
County: Pender
Parcel Index Number(s) (PIN): 3282-74-8862-0000; 3282-74-623
B. REQUESTOR INFORMATION
Name: Headwaters Properties LLC
Mailing Address: 1131-B Military Cutoff Rd
Telephone Number:
Wilmington, NC 28405
910-524-1217
Electronic Mail Address: [e-mail]
Select one:
ZI am the current property owner.
❑ I am an Authorized Agent or Environmental Consultanti
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: See Requestor Information
Mailing Address:
Telephone Number:
Electronic Mail Address:
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

jurisdictional Determination Request
O. PROPERTY ACCESS CERTIMCATION3.4
By sigzunng below, I authorize representatives of the Wilmington Distract, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on_
rite investigations, ifrimcssary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the
undersigned, am either a duly authorized owner of record of the property identif ed biro, or
acting as the duly authorized agent of the owmner of record of the property.
Print Name
Capacity; L"I Owner © Authorized Agent
61 IZ 7— 2-
E. REASON FOR JD R-EQUEST: (Check as many as applicable)
El I intend to construet/develap a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to constructldevelop a project or perform activities on this parcel which would be
designed to avoid alljurisdictional aquatic resources under Corps authority.
L-J I intend to constructldevelop a project or perform activities on this parcel which may
rcquzre authorization from the Carps, and the 3D would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which utay
require authorization from the Corps; this request is accompanied by my permit application
and the TD is to be used in the permitting process.
FI intend to construct/develop a project or perform activities in a navigable water of the
UJ S. which is included on the district Section 10 List and/or is subject to the ebb and now of
the tide.
A Corps JD is required is order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
i believe that: the site may be comprised entirely of dry land.
Other:
3 F4r NCDOY' mqw-sts following the currcm NCDOTfUSACE protocols, skip to Part E.
4 If there are multiple parcels owned by diffierentparties, please provide the following for each additional parcel on a
continuation sheet.
3 Must provide agent authorization fcrrMwer signed by owners).
Persian: May 2011 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
✓❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓� Size of Property or Review Area 42.6 acres.
❑✓ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
34.35831 N
Longitude:-77.714547 W
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
Vicinity Map
Aerial Photograph
F4 USGS Topographic Map
0 Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

yc
H
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mpstead
T
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Boundaries are approximate and not meant to be absolute.
N 0 0.5 1 2
Miles
Map Source: World Street Map
Scale applies to 11X17' print.
Headwaters Tract
Aw—
Pender County, NC
DAVEY _
Figure 1.
Resource Group
Vicinity Map
June 2022
DRGNCW22.322
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]

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Map Source: NCDOT LiDAR Data Scale applies to 11X17' print.
Headwaters Tract
Fender County, NC DAVEY _ Figure 3.
Resource Group LiDAR Map
June 2022 3805 Wrightsville Avenue
DRGNCW22.322 Wilmington, NC 28403
[phone]

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Mk: Muckalee Loam
49
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Esri, HERE, Garmla, (c) OpenStreetMap contributors
Boundaries are approximate and not meant to be absolute.
N 0 100 200 400
Feet
Map Source: NRCS Soil Survey GIS Data
Scale applies to 11X17' print.
Headwaters Tract
Fender County, NC
DAVEY _
Figure 4.
Resource Group
Soils Map
June 2022
DRGNCW22.322
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]

N 0 100 200 400
Boundaries are approximate and not meant to be absolute.
Feet
Map Source: 1998 NAPP Infrared Aerial
Scale applies to 11X17" print.
Headwaters Tract
Aw—
Fender County, NC
DAVEY _
Figure 5.
Resource Group
Infrared Aerial
June 2022
3805 Wrightsville Avenue
DRGNCW22.322
Wilmington, NC 28403
[phone]

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Boundaries are approximate and not meant to be absolute.
Map Source:2020 NC Onemap Aerial Photo Scale applies to 11X17"print.
Headwaters Tract
Pender County, NC DAVEY Figure 6.
Resource Group Aerial Photo
June 2022 3805 Wrightsville Avenue
DRGNCW22.322 Wilmington,NC 28403
[phone]

NOTE: This is not a survey. All boundaries and distances are considered
� ,'_♦ "- approximate. This represents a preliminary sketch prepared from field notes. s
e 'S,., A survey of delineated areas and review and approval by the U.S.Army
fir'•, Corps of Engineers is recommended prior to specific site planning.
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Legend :
,
Project Area—42.6 acres o '
Uplands—38.7 acres(91%) 0: `', r ' i '4r
404 Wetlands 3.5 acres(8%)
Isolated Wetlands—0.5 acres(1%)
US Waters(RPW)—1335 linear feet
Non-Jurisdictional Ditches 3526 linear feet y� '-
!�_—_— _ .. —_ "-..• ' � Esri H �e,�n�StreeUap.bntriti ors,
N 0 100 200 400
L:\wetlands\2022\DRGNCW22.322\maps\headwaters tract_sketch of findings Feet
Boundaries are approximate and not meant to be absolute.
Map Source:2020 NC OnemapAerial Photo Scale applies to 11X17"print.
Headwaters Tract
Pender County, NC DAVEY - Figure 7.
Resource Group Preliminary Wetland
June 2022 3805 Wrightsville Avenue
DRGNCW22.322 Wilmington,NC 28403 Map
[phone]

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Headwaters Tract City/County: Hampstead/Pender Sampling Date: 6/9/22
Applicant/Owner: Headwaters Properties LLC State: NC Sampling Point: DP 1-upland
Investigator(s): Paul Farley Section, Township, Range:
Landform (hillside, terrace, etc.): Pine/hardwood flat Local relief (concave, convex, none): convex Slope (%): 1-2
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.35831 Long:-77.714547 Datum: NAD 83
Soil Map Unit Name: Lynchburg NWI classification: upland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Mixed pine/hardwood flat with mature canopy trees and open understory. According to Antecedent Precipitation Tool, site was experiencing normal
rainfall conditions at the time of the site visit.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al)
_Aquatic Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Marl Deposits (B15) (LRR U)
—Drainage Patterns (1310)
_Saturation (A3)
_Hydrogen Sulfide Odor (Cl)
_Moss Trim Lines (1316)
—Water Marks (131)
—Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132)
—Presence of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135)
_Other (Explain in Remarks)
_ShallowAquitard (D3)
—Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No Depth (inches):
Water Table Present? Yes
No x Depth (inches): 20
Saturation Present? Yes
No x Depth (inches): 20
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
No hydrology recorded to 20"
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP 1-upland
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30' r )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Pinus taeda
30
Yes
FAC
Number of Dominant Species
2.
Ilex opaca
10
No
FAC
That Are OBL, FACW, or FAC: 8 (A)
3.
Quercus falcata
20
Yes
FACU
Total Number of Dominant
4.
Quercus nigra
20
Yes
FAC
Species Across All Strata: 9 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 88.9% (A/B)
7.
Prevalence Index worksheet:
8.
Total % Cover of: Multiply by:
80
=Total Cover
OBL species x 1 =
50% of total cover:
40
20% of total cover:
16
FACW species x 2 =
Sapling/Shrub Stratum (Plot size: 30' r
)
FAC species x 3 =
1.
Liqudambar syraciflua
3
Yes
FAC
FACU species x 4 =
2.
Quercus nigra
8
Yes
FAC
UPL species x 5 =
3.
Column Totals: (A) (B)
4.
Prevalence Index = B/A =
5.
Hydrophytic Vegetation Indicators:
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
X 2 - Dominance Test is >50%
8.
3 - Prevalence Index is !2.0'
11
=Total Cover
-Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
6
20% of total cover:
3
Herb Stratum (Plot size: 30' r )
1.
Lyonia lucida
3
Yes
FACW
'Indicators of hydric soil and wetland hydrology must be
2.
Persea palustris
3
Yes
FACW
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Symplocos tinctoria 3 Yes FAC
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
12.
9
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
5
20% of total cover:
2
height.
Woody Vine Stratum (Plot size: 30' r )
1.
Vitis rotundifolia
5
Yes
FAC
2.
3.
4.
5
Hydrophytic
5
=Total Cover
Vegetation
50% of total cover:
3
20% of total cover:
1
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP 1-upland
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2
Texture Remarks
0-10 10YR 5/2 100
Sandy
10-16 10YR 7/2 100
Sandy
16-20 10YR 3/2 100
Sandy I would call spodic layer
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_ Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)_Iron-Manganese
Masses (F12) (LRR O, P,
T) (outside MLRA 138, 152A in FL, 154)
Sandy Mucky Mineral (S1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
Reduced Vertic (F18) (MLRA 150A, 15013)
_Other (Explain in Remarks)
—Stripped Matrix (S6)
—Piedmont Floodplain Soils (F19) (MLRA 149A)
Dark Surface (S7) (LRR P, S, T, U)
Bright Floodplain Soils (F20)
_
_ Polyvalue Below Surface (S8)
_Anomalous
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes No X
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT.
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Headwaters Tract City/County: Hampstead/Pender Sampling Date: 6/9/22
Applicant/Owner: Headwaters Properties LLC State: NC Sampling Point: DP1 -wetland
Investigator(s): Paul Farley Section, Township, Range:
Landform (hillside, terrace, etc.): wetland drain Local relief (concave, convex, none): concave Slope (%): 1-2
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.358265 Long:-77.714348 Datum: NAD 83
Soil Map Unit Name: Lynchburg NWI classification: upland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Subsidence among the tree bases and many upper roots are exposed. It is having oxygenated conditions somehow. See attached picture
According to Antecedent Precipitation Tool, site was experiencing normal rainfall conditions at the time of the site visit.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al)
_Aquatic Fauna (1313)
x Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Marl Deposits (B15) (LRR U)
—Drainage Patterns (1310)
_Saturation (A3)
_Hydrogen Sulfide Odor (Cl)
_Moss Trim Lines (1316)
—Water Marks (131)
—Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132)
—Presence of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
x Geomorphic Position (D2)
_Iron Deposits (135)
_Other (Explain in Remarks)
_ShallowAquitard (D3)
—Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No Depth (inches):
Water Table Present? Yes
No x Depth (inches): 20
Saturation Present? Yes
No x Depth (inches): 20
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Lack of hydrology during normal conditions backs up why there is so much subsidence. In my judgement
this feature once stayed wet to near the
surface year round. It meets the hydrology criterion for the presence of secondary indicators but may not show wetland hydrology if monitored long-
term.
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP1 -wetland
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30'r )
% Cover Species?
Status
Dominance Test worksheet:
1. Nyssa sylvatica
60 Yes
FACW
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 3 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
7.
Prevalence Index worksheet:
8.
Total % Cover of: Multiply by:
60 =Total Cover
OBL species x 1 =
50% of total cover:
30 20% of total cover:
12
FACW species x 2 =
Sapling/Shrub Stratum (Plot size: 30' r
)
FAC species x 3 =
1. Persea palustris
5 Yes
FACW
FACU species x 4 =
2. Lyonia lucida
5 Yes
FACW
UPL species x 5 =
3.
Column Totals: (A) (B)
4.
Prevalence Index = B/A =
5.
Hydrophytic Vegetation Indicators:
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
X 2 - Dominance Test is >50%
8.
3 - Prevalence Index is !2.0'
10 =Total Cover
-Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
5 20% of total cover:
2
Herb Stratum (Plot size: 30' r )
1. Callicarpa americana
1 No
FACU
Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
12.
1 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
1 20% of total cover:
1
height.
Woody Vine Stratum (Plot size: 30' )
1. Smilax spp
3 No
FAC
2.
3.
4.
5
Hydrophytic
3 =Total Cover
Vegetation
50% of total cover:
2 20% of total cover:
1
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
Shrubs are found atop tupelo roots, Nyssa is actually water tupelo var. Unsure of the smilax spp. Its suspended pretty high in a big bramble
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP1 -wetland
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2 Texture Remarks
0-20 10YR 2/2 100
Muck
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
x Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_ Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)_Iron-Manganese
Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A in FL, 154)
Sandy Mucky Mineral (S1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
Reduced Vertic (F18) (MLRA 150A, 15013)
_Other (Explain in Remarks)
—Stripped Matrix (S6)
—Piedmont Floodplain Soils (F19) (MLRA 149A)
Dark Surface (S7) (LRR P, S, T, U)
Bright Floodplain Soils (F20)
_
_ Polyvalue Below Surface (S8)
_Anomalous
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT.
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Headwaters Tract City/County: Hampstead/Pender Sampling Date: 6/9/22
Applicant/Owner: Headwaters Properties LLC State: NC Sampling Point: DP 2-upland
Investigator(s): Paul Farley Section, Township, Range:
Landform (hillside, terrace, etc.): sideslope Local relief (concave, convex, none): convex Slope (%): 1-2
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.35999962 Long:-77.71600938 Datum: NAD 83
Soil Map Unit Name: Murville NWI classification: uplands
Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Part of large cutover flat. Dense vegetation. According to Antecedent Precipitation Tool, site was experiencing normal rainfall conditions at the time
the site visit.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al)
_Aquatic Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Marl Deposits (B15) (LRR U)
—Drainage Patterns (1310)
_Saturation (A3)
_Hydrogen Sulfide Odor (Cl)
_Moss Trim Lines (1316)
—Water Marks (131)
—Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132)
—Presence of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135)
_Other (Explain in Remarks)
_ShallowAquitard (D3)
—Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No x Depth (inches):
Water Table Present? Yes
No x Depth (inches): 20
Saturation Present? Yes
No x Depth (inches): 20
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
No owt or saturation to 20"
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP 2-upland
Absolute Dominant
Indicator
Tree Stratum (Plot size: )
% Cover Species?
Status
Dominance Test worksheet:
1
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 3 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 4 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 75.0% (A/B)
7.
Prevalence Index worksheet:
8.
Total % Cover of: Multiply by:
=Total Cover
OBL species x 1 =
50% of total cover:
20% of total cover:
FACW species x 2 =
Sapling/Shrub Stratum (Plot size: 30' r
)
FAC species x 3 =
1. Symplocos tinctoria
15 No
FAC
FACU species x 4 =
2. Persea palustris
45 Yes
FACW
UPL species x 5 =
3. Lyoniia lucida
25 Yes
FACW
Column Totals: (A) (B)
4. Vaccinium corymbosum
10 No
FACW
Prevalence Index = B/A =
5.
Hydrophytic Vegetation Indicators:
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
X 2 - Dominance Test is >50%
8.
3 - Prevalence Index is !2.0'
95 =Total Cover
-Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
48 20% of total cover:
19
Herb Stratum (Plot size: 30' r )
1. Ilex glabra
40 Yes
FACW
Indicators of hydric soil and wetland hydrology must be
2. Pteridium aquilinum
40 Yes
FACU
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
12.
80 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
40 20% of total cover:
16
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP 2-upland
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2 Texture Remarks
0-20 10YR 2/2 100
Sandy
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_ Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)_Iron-Manganese
Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A in FL, 154)
Sandy Mucky Mineral (S1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
Reduced Vertic (F18) (MLRA 150A, 15013)
_Other (Explain in Remarks)
—Stripped Matrix (S6)
—Piedmont Floodplain Soils (F19) (MLRA 149A)
Dark Surface (S7) (LRR P, S, T, U)
Bright Floodplain Soils (F20)
_
_ Polyvalue Below Surface (S8)
_Anomalous
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes No X
Remarks:
Soil is friable and uncoated, reminds me of gray powder
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT.
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Headwaters Tract City/County: Hampstead/Pender Sampling Date: 6/9/22
Applicant/Owner: Headwaters Properties LLC State: NC Sampling Point: DP 2 -i. wet
Investigator(s): Paul Farley Section, Township, Range:
Landform (hillside, terrace, etc.): depression Local relief (concave, convex, none): concave Slope (%): 1
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.35980388 Long:-77.71597891 Datum: NAD 83
Soil Map Unit Name: Murville NWI classification: Upland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Marginal wetland previously deemed isolated. Picture attached. According to Antecedent Precipitation Tool, site was experiencing normal rainfall
conditions at the time of the site visit.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _Aquatic
Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) _
Marl Deposits (B15) (LRR U)
x Drainage Patterns (1310)
_Saturation (A3) _Hydrogen
Sulfide Odor (Cl)
_Moss Trim Lines (1316)
—Water Marks (131) —Oxidized
Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) —Presence
of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133) —Recent
Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Thin
Muck Surface (C7)
x Geomorphic Position (D2)
_Iron Deposits (135) _Other
(Explain in Remarks)
_ShallowAquitard (D3)
—Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes No
x Depth (inches):
Water Table Present? Yes No
x Depth (inches): 20
Saturation Present? Yes No
x Depth (inches): 20
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Weak hydrology indicators. No owt or saturation
to 20" during normal rainfall conditions. Does have at least two secondary indicators and was
previously determined to be an isolated wetland.
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP 2 -i. wet
Tree Stratum (Plot size: 30' r )
1. Acer rubrum
2.
3.
4.
5.
6.
7.
8.
50% of total cover: 5
Sapling/Shrub Stratum (Plot size: 30' r )
1. Pinus taeda
2. Lyonia lucida
3. Vaccinium corymbosum
4.
5.
6.
7.
8.
50% of total cover: 13
Herb Stratum (Plot size: 30' r )
1. Acer rubrum
2. Andropogon glomeratus
3. Dichanthelium acuminatum
4. Various graminoids
5.
6.
7.
8.
9.
10.
11.
12.
50% of total cover: 49
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Absolute Dominant Indicator
% Cover Species? Status Dominance Test worksheet:
10 Yes FAC
Number of Dominant Species
That Are OBL, FACW, or FAC:
6
(A)
Total Number of Dominant
Species Across All Strata:
6
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
100.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply by:
10 =Total Cover
OBL species
x 1 =
20% of total cover: 2
FACW species
x 2 =
FAC species
x 3 =
10 Yes FAC
FACU species
x 4 =
8 Yes FACW
UPL species
x 5 =
8 Yes
FACW Column Totals: (A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
3 - Prevalence Index is !2.0'
26 =Total Cover -Problematic Hydrophytic Vegetation' (Explain)
20% of total cover: 6
3 No FAC 'Indicators of hydric soil and wetland hydrology must be
15 No FACW present, unless disturbed or problematic.
20 Yes FAC Definitions of Four Vegetation Strata:
60 Yes FAC Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
98 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in
20% of total cover: 20 height.
=Total Cover
50% of total cover: 20% of total cover:
Remarks: (If observed, list morphological adaptations below.)
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-2-SG, JUL 2018
Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP 2 -i. wet
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2
Texture Remarks
0-6 10YR 4/3 100
Loamy/Clayey
6-10 10YR 2/2 100
Loamy/Clayey
10-20 10YR 2/2 90
10YR 6/8 10 C
Loamy/Clayey Prominent redox concentrations
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
—Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
x Depleted Matrix (F3)
(outside MLRA 150A, 15013)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_ Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
—Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)_Iron-Manganese
Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154)
Sandy Mucky Mineral (S1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
Reduced Vertic (F18) (MLRA 150A, 15013) _Other (Explain in Remarks)
—Stripped Matrix (S6)
—Piedmont Floodplain Soils (F19) (MLRA 149A)
Dark Surface (S7) (LRR P, S, T, U)
Bright Floodplain Soils (F20)
_
_ Polyvalue Below Surface (S8)
_Anomalous
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0

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01/05/2022
Subdivision: DEERFIELD
Tax Codes: G01 F29 R40
PIN: 3282-74-8862-0000 Sale Price: $312,000
Owner: HEADWATERS PROPERTIES LLC Sale Date: LAST _ SAL E_DATE
1131-B MILITARY CUTOFF ROAD Plat: 00690023
WILMINGTON, NC 28405 Account No: 1017100
Deed Ref: 4776/627 Township: TOPSAIL
Property DEERFIELD DR
Address:
Description: TR 1 PB 69/23 LANWILLO DEVELOPMENT CO SURVEY
s
Acres: 3,2
Land Value: $118,800
Building Value: $0
Total value: $118,800
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Subdivision: DEERFIELD
Tax Codes: G01 F29 R40
PIN: 3282-74-3515-0000 Sale Price:
Owner: HEADWATERS PROPERTIES LLC Sale Date: LAST —SALE —DATE
1131-B MILITARY CUTOFF RD Plat:
WILMINGTON, NC 28405 Account No: 977614
Deed Ref: 4753/839 Township: TOPSAIL
Property
Address:
Description: 14.00AC SURVEY HEADWATERS PROPERTIES
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Land Value: $330,750
Building Value: $0
Total value: $330,750
Deferred Value: $0
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Tax Codes: G01 F29 R40
PIN: 3282-74-6231-0000 Sale Price: $312,000
Owner: HEADWATERS PROPERTIES LLC Sale Date: LAST _ SAL E_DATE
1131-B MILITARY CUTOFF ROAD Plat: 00690023
WILMINGTON, NC 28405 Account No: 1017100
Deed Ref: 4776/627 Township: TOPSAIL
Property DEERFIELD DR
Address:
Description: TR 2 PB 69/23 LANWILLO DEVELOPMENTCO SURVEY
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Land Value: $227,100
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Total value: $227,100
Deferred Value: $0
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Acres: 2.21 s
Subdivision: DEERFIELD
Land Value: $117,778
Tax Codes: G01 F29 R40
Building Value: $0
PIN:
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Sale Price: $256,000
Owner:
HEADWATERS PROPERTIES
LLC Sale Date: LAST_SALE_DATE
Total value: $117,778
Deferred Value: $0
PO BOX 10189
Plat: 00240095
Exempt Amount: 0
WILMINGTON, NC 28404
Account No: 974687
Deed Ref:
4639/2059
Township: TOPSAIL
PCL Class: R
Heated Sq Feet:
Property
Address:
Description:
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PIN: 3282-73-8614-0000
Owner: THREE OAKS PARTNERS LLC
1131-B MILITARY CUTOFF ROAD
WILMINGTON, NC 28405
Deed Ref: 4776/630
Property
Address:
Description:
o0-
N
1 inch = 707 feet
1/6/2022 47j,
E
Subdivision: DEERFIELD
Tax Codes: G01 F29 R40
Sale Price: $648,500
Sale Date: LAST —SALE —DATE
Plat: 00690023
Account No: 1017101
Township: TOPSAIL
DEERFIELD DR
TR 4 PB 69/23 LANWILLO DEV CO SURVEY
S
Acres: 11.12
Land Value: $205,550
Building Value: $0
Total value: $205,550
Deferred Value: $0
Exempt Amount: 0
PCL Class: R
Heated Sq Feet:

1:8,479
0 0.05 0.1 0.2 mi
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1 /6/2022 1q7jl
PIN: 3282-83-0888-0000
Owner: THREE OAKS PARTNERS LLC
1131-B MILITARY CUTOFF ROAD
WILMINGTON, NC 28405
Deed Ref: 4776/630
Property
Address:
Description:
Subdivision: DEERFIELD
Tax Codes: G01 F29 R40
Sale Price: $648,500
Sale Date: LAST _SAL E_DATE
Plat: 00690023
Account No: 1017101
Township: TOPSAIL
DEERFIELD DR
TR 3 PB 69/23 LANWILLO DEV CO SURVEY
S
Acres: 7.34
Land Value: $175,613
Building Value: $0
Total value: $175,613
Deferred Value: $0
Exempt Amount: 0
PCL Class: R
Heated Sq Feet:

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/parish/borough: Pender Ci :Hampstead
Center coordinates of site (lat/long in degree decimal format): Lat. 34.3588°, Long.-77.7153° 0.
Universal Transverse Mercator: 18 S 259259.54 m E 380529.09 m N
Name of nearest waterbody: Mill Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: AIWW
Name of watershed or Hydrologic Unit Code (HUC): 03030001
'Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There � ,navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
id Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Tre "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): 1
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 1,335 linear feet: width (ft) and/or acres.
Wetlands: 4 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
Non -regulated waters/wedands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Two wetland pockets that are surrounded by high ground and appear to be isolated (IW1 and IW2).
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
s Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: —50 acres
Drainage area: — 10 acres
Average annual rainfall: 52.62 inches
Average annual snowfall: 3 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
Project waters are 1-2 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 1 (or less) aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS: RPW flows into Mill Creek.
Tributary stream order, if known: 1.
' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ® Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 3 feet
Average depth: 2 feet
Average side slopes: M.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Seasona IM
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime:
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Pick Lis]. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list):
❑ Discontinuous OHWM.' Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: M Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(III) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OIIWM has been removed by development or agricultural practices). Where there is a break in the OIIWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break_
')bid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
® Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Waters appear to provide suitable habitat for a variety of fauna.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:>lacres
Wetland type. Explain:Depressional.
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: No Flow. Explain:
Surface flow is: Not present
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Irck List aerial (straight) miles from TNW.
Flow is from:
Estimate approximate location of wetland as within the - floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(III) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: pick List
Approximately ( <1 ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N)
Size (in acres)
Directly abuts? (Y/N)
Size (in acres)
Yes
0.037
Yes
0.83
Yes
1.64
Yes
0.10
Yes
0.05
Yes
0.05
No
0.05
Yes
0.16
Yes
0.58
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
fmdings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:Low elevation
uplands connect to stream.
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain fmdings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain fmdings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Mill Creek is a blue line stream with a large drainage area.

Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
'Tributary waters: 1335 linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWs8 that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
'Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Wetlands are directly connected to RPW.
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 3.4 acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.05 acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from `waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
which are or could be used by interstate or foreign travelers for recreational or other purposes.
'See Footnote # 3.
9 To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (11).
Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands: aacres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
'Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other. (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: 0.5 acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a fmding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
0 Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
'Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
® USDA Natural Resources Conservation Service Soil Survey. Citation:NRCS gis data.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):1998 NAPP and 2012 Onemap aerial.
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter -
El Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information (please specify):

B. ADDITIONAL COMMENTS TO SUPPORT JD:

5.0 PREVIOUS JDS & SECTION 404/401 PERMITS

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00892 County: Pender U.S.G.S. Quad: NC-HAMPSTEAD
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: Raymond Hughes
c/o Charles Busby, Washington Acres Inc.
Address: PO Box 818
Hampstead, North Carolina 28443
Size (acres) 2.226 Nearest Town Hampstead
Nearest Waterway Mill Creek River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.35833
Longitude:-77.71725
Location description: The property is located just south of Highway 17 between Hughes Road and Deerfield Drive within the
Washington Acres/Deerfield subdivisions. The property contains two relatively -permanent waters (RPW) of the US that total 503
linear feet and have intermittent, seasonal flow. The RPW that bisects the site has three small abutting wetlands totaling 0.13-acre.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
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 (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
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 recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five
years.
X 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 May 3, 2017_. 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

SAW-2017-00892
_ 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.
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 [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Emily Greer at [phone] or
Emily.C.Greer(&usace.army.mil.
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987
Wetland Delineation Manual and onsite waterbodies exhibit an Ordinary High Water Mark as
indicated by changes in soil character and absence of terrestrial vegetation. The site is connected via
tributaries and wetlands to Mill Creek, then the AIWW and Atlantic Ocean.
D. Remarks: NA
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by July 3, 2017
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by GREER.EMILY.C.1385325300
Corps Regulatory Official: Date:2017.05.03 14:27:12-04'00'
Date: May 3, 2017 Expiration Date: May 3, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://cop2smEu.usace.army.mil/cm_apex/f?p=136:4:0.

SAW-2017-00892
Copy Furnished:
Land Management Groun, Inc
Kim Williams
Electronically provided

SAW-2017-00892
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL AL
Applicant: Raymond Hughes c/o Charles
Busby, Washin ton Acres Inc.
File Number: SAW-2017-00892
Date: May 3, 2017
Attached is: Rapanos Form and Signed Survey "Wetlands Map Survey
Hughes Tract" dated November 2, 2016, signed May 3, 2017
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPenuits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

SAW-2017-00892
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Emily Greer
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28403
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Emily Greer, 69 Darlington Avenue, Wilmington, NC 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION L• BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): May 3, 2017
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Hughes, Raymond / Washington Acres SD /
Deerfield SD, SAW-2017-00892
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: North Carolina County/parish/borough: Pender City: Hampstead
Center coordinates of site (lat/long in degree decimal format): Lat. 34.35833°N, Long.-77.71725' W
Universal Transverse Mercator: 18 250092.14 3805233.96
Name of nearest waterbody: Mill Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: AIWW
Name of watershed or Hydrologic Unit Code (HUC): New River, 03020302
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different
JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): November 3, 2016
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There. "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: 503 linear feet, 3-4 wide, and/or acres.
Wetlands: 0.13 acres.
c. Limits (boundaries) of jurisdiction based on: IL87 Delineation Manual and OHWM
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
'Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
s Supporting documentation is presented in Section III.F.

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

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

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

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wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
fmdings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑ Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally: Flow was observed on a few occasions after recent heavy rain events in November and December;
however, no aquatic species or sediment sorting were observed within the channel and OHWM was weak. Vegetation
was absent or bent. RPW 1 located along the property boundary did not have any abutting or adjacent wetlands
onsite. RPW 2 has three small, abutting wetlands. RPWs appear to have seasonal, intermittent flow.
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 503 (RPW 1=1191f; RPW 2=38411) linear feet 3-4 wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
Non-RPWs1 that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
'See Footnote # 3.

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® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW: No natural or manmade barrier separates the wetlands from RPW 2.
Provide acreage estimates for jurisdictional wetlands in the review area:.13 acres (Wetland A= 0..07ac; Wetland B= 0.04ac;
Wetland C=0.03ac).
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.'
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a fmding is required for jurisdiction. Explain:
❑ Other. (explain, if not covered above):
9 To complete the analysis refer to the key in Section 111.13.6 of the Instructional Guidebook.
"Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

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Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: "Preliminary Upland/Wetland Sketch" dated
June 2016; Sealed Survey "Wetlands Map Survey Hughes Tract" dated November 2, 2016; signed May 3, 2016
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K; NC-HAMPSTEAD
® USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey
® National wetlands inventory map(s). Cite name: NWI Online Wetland Mapper
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law.
❑ Applicable/supporting scientific literature:
❑ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

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L:\WETLANDS\2016\01-16-193\data package\mapset.cdr
'Boundaries are approximate and are not meant to be absolute.
Map Source: 2010 GIS World Imagery SCALE 1" = 100'
Hughes Road Tract LN/IG
Pender County, NC ;,.; Figure 7. Preliminary
www.Irn Upland/Wetland Sketch
June 2016 3805 Wrightsville Avenue
LMG # 01-16-193 Wilmington, NC 28403
Phone:[phone] Fax:[phone]

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-00123 County: Pender U.S.G.S. Quad: NC-HAMPSTEAD
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner: Headwaters Properties, LLC
Address: 1131-B Military Cutoff Road
Wilmington, North Carolina 28405
Size (acres) 14.3 Nearest Town Hampstead
Nearest Waterway Mill Creek River Basin New River
USGS HUC 03020302 Coordinates Latitude: 34.3586843082637
Longitude:-77.7146777272859
Location description: The site is located between Hughes Road and Deerfield Drive, south of Highway 17, and north
adjacent to the Deerfield Subdivision. This site contains a 0.56 acre non jurisdictional, isolated wetland. The remainder of the
parcel is upland.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. 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). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district
for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the
JD.
B. Approved Determination
_ 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 U.S. including wetlands on 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.
_ We strongly suggest you have the waters of the U.S. including wetlands on your project area 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.
_ The waters of the U.S. including wetlands on your project area 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.
Page 1 of 2

X There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
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 [phone] 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 Emily Greer at 910-251-4567 or
Emily.C.Greer(a)usace.army.mil.
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to
the 1987 Wetland Delineation Manual; however, the feature is isolated and not regulated
according to the Clean Water Act.
D. Remarks: NA
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 12 September 2016.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.** Di itall signed bGREEREMILYC 1385325300
Corps Regulatory Official:
Date: 13 July 2016
9 Y Y
GREER.EMILY.C.1385325300 D=GREER.EMILY.C.1385325nu=DOD, —I.,—USA,
Date: 2016.09.0815:07 AO -0400
Expiration Date: 13 July 2021
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hllp://regulatoly.usacesurvey.com .

JJLNOTIFICATION
OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Headwaters Properties, LLC
File Number: SAW-2016-00123
Date: 13 July 2016
Attached is: Preliminary Upland/Wetland Sketch/Survey Signed 1 July 2016
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter of permissionj
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
F-11
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION -The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.armv.mil/Missions/CivilWorks/Re ug tatoiyProgramandPennits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAWoCTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Emily Greer
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28403
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Emily Greer,
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

Areas considered to be uplands - 35 ac or 907
Flagged wetlands (pending review and approval
by the U.S. Army Corps of Engineers - 4 ac or 91%
Areas considered to be isolated wetlands as regulated by
the INC Division of Water Quality - <1 ac or 1%
Potential Waters of the US (relatively
"" permanent waters) -604 linear feet
Total Project Area Size = -39 Acres
X
•1
. 1 1 i 1 •
118
200
300 �. •
100-108
�r[� 73 \
Locate top of bank from
flag 73 to edge of clearing 64
1
d,
A.
1C'
NOTE: This is not a survey. Al boundaries and distances are considered approximate.
This represents a preliminary sketch prepared from field notes. A survey of delineated
areas and review and approval by the US Army Corps of Engineers is recommended prior
to specific site planning.
L;1wetlands12015 wetlacins files101-15-280 ---Landwillo Tract, Gary Lattieluplandwetlandsketch.cdr
SCALE 1" = 300'
*Boundaries are approximate and are not meant to be absolute.
(when printed at 11"x17")
Map Source: 2012 NC One Map Aerial Photography
Lanwillo Tract
LMG
Pender County, NC
Figure 7.
www.ImRrouD.net
Preliminary
December 2015
3805 Wrightsville Avenue
UplandMetland Sketch
-MG # 01-15-280
Wilmington, INC 28403
Phone: [phone] Fax: [phone]

E I G

apt L rn �aa i
l s3'
��f R

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-00123 County: Pender U.S.G.S. Quad: NC-HAMPSTEAD
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner: Lanwillo Development Company
Address: PO Box 2088
Wilmington, North Carolina 28402
Size (acres) 38.2 Nearest Town Hampstead
Nearest Waterway Mill Creek River Basin New River
USGS HUC 03020302 Coordinates Latitude: 34.3586843082637
Longitude:-77.7146777272859
Location description: The site is located between Hughes Road and Deerfield Drive, south of Highway 17, and north
adjacent to the Deerfield Subdivision.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. 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). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district
for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the
JD.
B. Approved Determination
_ 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.
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 waters of the U.S. including wetlands on your project area 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.
_ The waters of the U.S. including wetlands on your project area 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.
X 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 1 July 2016. 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

_ 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.
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 [phone] 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 Emily Greer at 910-251-4567 or
Emily.C.Greer(&usace.army.mil.
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps
Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to
the 1987 Wetland Delineation Manual. Additionally, waterbodies exhibits an Ordinary High
Water Mark.
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 described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 30 August 2016.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
00
correspondence.** GREER.EMILY.C.138532 DNicalUS,.=U.S.Gove nmelysiged nnt ou=1DoD,ou3PKI,
5300 ou=USA, cn=GREER.EMI LY.C.1385325300
Corps Regulatory Official: Date: 2016.07.13 14.27:40-04'00'
Date: 1 July 2016 Expiration Date: 1 July 2021
Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hlt2://regulatoly.usacesurvey.com .

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Lanwillo Development
Company
File Number: SAW-2016-00123
Date: 1 July 2016
Attached is: Survey signed/dated 1 July 2016
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION -The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoiyProgramandPenuits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer withi 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Admimistrativc Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAWoCTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Emily Greer
CESAD-PDO
69 Darlington Avenue
U.S. Army Corps of Engineers, South Atlantic Division
Wilmington, NC 28403
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Emily Greer,
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

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Water Resources
Environmental Quality
November 21, 2017
Mr. H. David Swain
c/o Headwaters Properties, LLC and Lanwillo Development Co.
1131-B Military Cutoff Road, P.O. Box 2088
Wilmington, NC 28405
Subject Property: Headwaters Town Center — Hampstead
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Swain,
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULLPEPPER
Interim Director
DWR Project # 2017-1236
Pender County
You have our approval, in accordance with the attached conditions and those listed below, to impact a
cumulative total of 0.181 acres of 404 wetlands area, 0.56 acres of isolated wetland and 0.046 acres of
open water to construct a new commercial town center as described in your application received by the
N.C. Division of Water Resources (DWR) on October 6, 2017. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number4092 (GC4092).
This Certification allows you to use the Nationwide Permit 18 and 29 when issued by the U.S. Army
Corps of Engineers. 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 Permit. This Certification can also be found on line at:
http://Portal.ncdenr.org/web/wq/swp/ws/401/­certsandpermits.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is
sold, the new owner must be given a copy of this Certification and approval letter and is thereby
responsible for complying with all conditions. If total fills for this project (now or in the future) exceed
one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you maybe required to submit a new
_K �"—hlo.thi g Compares _
State of North Carolina I Environmental Quality
127 Cardinal Drive Extension Wilmington, North Carolina 28405
910-796-7215

Headwaters Town Center- Pender County
DWR Permit # 20171236
November21, 2017
Page 2 of 4
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name {15A NCAC 02H .0501 and .05021.
2. Any final construction plans for this project must include or reference the application
and plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
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.
Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a
specific project shall remain in effect for the life of the project, regardless of the expiration of this
Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project, and shall provide each of its contractors
and/or agents associated with the construction or maintenance of this project a copy of this
certification. A copy of this certification including all conditions shall be available at the project site
during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H
.0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with 303(d) of
the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division
determines that such standards or laws are not being met, including 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, than the Division may reevaluate and modify this General Water Quality
Certification. [15A NCAC 02H .0507(d)]
7. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or

Headwaters Town Center- Pender County
DWR Permit # 20171236
November 21, 2017
Page 3 of 4
chemical spill, the permittee/contractor shall immediately contact the Division of Water
Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215
and after hours and on weekends call [phone]. Management of such spills shall comply
with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A
NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within
50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H
.0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the Director,
or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business
hours 15A NCAC 02H.0502(e).
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 and/or authorized agent is required to return a
completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina
Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project
completion. The certification of completion is available at:
http://portal. ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms).
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.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is
received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm,
excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.

Headwaters Town Center- Pender County
DWR Permit # 20171236
November 21, 2017
Page 4 of 4
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Bill Lane, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional
Office at 910.796.7215 or [e-mail].
Mo a dhez King, Assistant Regional Supervisor
Water Q ity Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4092
Emily Greer - USACE Wilmington Regulatory Field Office -Electronic Copy
DWR 401 & Buffer Permitting Branch file-LF
Kim Williams- LMG Inc. -Electronic Copy
WiRO

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2016-00123 County: Pender County U.S.G.S. Quad: Hampstead
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: David Swain
Headwaters Properties, LLC
Address: 1131-B Military Cutoff Road
Wilmington, North Carolina 28405
Telephone Number: 910.256.2211
Size (acres) 24 Nearest Town Hampstead
Nearest Waterway Mill Creek River Basin Onslow Bav
USGS HUC 03020302 Coordinates Latitude: 34.36
Longitude:-77.716
Location description: The project site is located on the east side of Highway 17, between Hughes Road and Deerfield Drive in
Hampstead, Pender Countv, North Carolina.
Description of projects area and activity: This verification authorizes the placement of fill in 0.2-acre of wetlands
and 0.046-acre of relativelv-Dermanent waters of the US and temporary impacts to 0.003-acre of wetlands
for the purpose of constructing a commercial development. Additionally, 0.56-acre of non -jurisdictional,
isolated wetlands will be filled. The development will consist of a 53,000 square foot grocery store, 22,200
square feet of retail space, five out parcels, parking, access, and stormwater facilities. Mitigation for the
loss of 0.20-acre of non -riparian wetland will be mitigated at a 2:1 ratio for a total of 0.40-acre/credit of
non -riparian wetland with the Northeast Cape Fear Umbrella Mitigation Bank- JEAT tract.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 39 & 18
SEE ATTACHED RGP or NWP GENERAL, REGIONAL 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 and attached information dated December 6, 2016, October 16, 2017, and
November 28, 2017. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order, a Class I administrative penalty, 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 Resources (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 in Elizabeth City, NC, at [phone].
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 Emilv Greer at [phone] or Emily.C.Greer(dusace.army.mll.

SAW-2016-00123
GREER.EMILY.C.138 Dig.lysig-byGREEREMI-13853253 p
Corps Regulatory Official: 5325300 -USA, 7.11GwEEREM "°53z53°° Date: November 30, 2017
Expiration Date of Verification: March 18, 2022
Determination of Jurisdiction:
A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ 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 (RHA) (33 USC § 403) and 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.
C. ❑ There are waters, including wetlands, within the above described project area that are 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.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued July 1, 2016 and May 3, 2017. Action ID: SAW-2016-00123 and SAW-2017-00892,
respectively.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland
Delineation Manual and onsite waterbodies exhibit an Ordinary High Water Mark as indicated by changes in
soil character and absence of terrestrial vegetation. The site is connected via tributaries and wetlands to Mill
Creek, then the AIWW and Atlantic Ocean.
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 jurisdiction determinations as indicated in B and
C above).
This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to ibis
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

SAW-2016-00123
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. **
-S.
. GGPEEREMILV.C.13ffi,, P
GREER.EMILY.C.1385325300 ° REER.E ILV.C.1-325MO °�""`°"-°�
Corps Regulatory Official: _
Emily Greer
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://co!psmapu.usace.army.mil/cm qpex/f?p=l36A:0.
Copy furnished:
Agent: Kim Williams
Land Management Grout)
Electronically provided

SAW-2016-00123
SPECIAL CONDITIONS
1. MITIGATION: In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including
any special conditions listed on this form, are hereby incorporated as special conditions of this
permit authorization.
Mitigation for the loss of 0.20-acre of non -riparian wetland will be mitigated at a 2:1 ratio for a total
of 0.40-acre/credit of non -riparian wetland with the Northeast Cape Fear Umbrella Mitigation Bank-
7EAT tract.
2. TEMPORARY IMPACTS RESTORATION MEASURES: Temporary discharge of excavated
or fill material into wetlands and waters of the United States will be for the absolute minimum
period of time necessary to accomplish the work. All authorized temporary wetland, stream, and
tributary impacts will be returned to pre -disturbance grade and contour, and re -vegetated with a
wetland seed mix. Fescue grass or any invasive species such as Lespedeza, shall not be used within
the wetland areas. In wetland areas where pipeline installation via trenching is authorized, wetland
topsoil will be segregated from the underlying subsoil, and the top 6 to 12 inches of the trench will
be backfilled with topsoil from the trench.

Action ID Number: SAW-2016-00123 County: Pender County
Permittee: David Swain, Headwaters Properties, LLC
Project Name: DEERFIELD DR/HUGHES RD/LANWILLO TRACT
Date Verification Issued: November 30, 2017
Project Manager: Emily Greer
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Emily Greer
69 Darlington Avenue
Wilmington, NC 28403
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: Headwaters Properties, LLC c/o David Swain Action ID: SAW-2016-00123
Project Name: DEERFIELD DR/HUGHES RD/LANWILLO TRACT County: Pender
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030001, White Oak River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.20
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030001, White Oak River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.40
Mitigation Site Debited: NE Cape Fear Umbrella Mitigation Bank- JEAT tract
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 23 November, 2015

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios maybe applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls
of Neuse Road, Wake Forest, NC27587 (email. todd. tugwell@usace. army. mil). Questions regarding this form or any of the
permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: Emily Greer
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Email: [e-mail]
00
GREER.EMILY.C.13853253 DNic=US,ally lonU.S.Goed by vernmennt ou=1DoD3ou3PKl,
00 ou=USA, cn=GREER.EMILY.C.1385325300
Date: 2017.11.30 12:39:54-05'00'
USACE Project Manager Signature
November 30, 2017
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
Page 2 of 2
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 ourwebsite at http://regulatory.usacesurvey.com/to complete the survey online.

NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK
Agent: Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Credit Reservation Letter
October 13, 2017
David Swain
Headwater Properties, LLC
1131-B Military Cutoff Road
Wilmington, INC 28405
Project: Headwaters Town Center (Pender County, INC)
Dear Mr. Swain:
The Northeast Cape Fear Umbrella Mitigation Bank (Bank) is providing preliminary acceptance to supply
mitigation credits for impacts to non -riparian wetlands associated with the proposed Headwaters Town
Center project in Pender County, NC (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 Credits Reserved Fee Per Unit Fee
Stream 0 $394.00 $0.00
Non -Riparian Wetland 0.4 $51,782.00 $20,712.80
Riparian Wetland 0.0 $71,772.00 $0.00
Total Fee $20,712.80
The Bank will reserve the credits outlined above for a period of up to 90 days from the date of this letter.
Please contact us if you need a reservation to extend beyond the 90-day period. Requests to reserve
credits beyond 90 days may require a deposit. Upon request for credit transfer, the Bank will issue an
invoice in the amount of $20,712.80. Upon receipt of payment, the Bank will provide an executed Transfer
of Credit Certificate for the total amount of credits invoiced and paid for.
If you have any questions or need additional information, please contact me by phone at [phone] or
by email at [e-mail].
Sincerely,
Northeast Cape Fear Umbrella Mitigation Bank
Christian Digitallysigned by Christian Preziosi
DN: cn=Christian Preziosi, o=Land
Management Group, Inc., on,
emai
Preziosi Date-20p17.110.13@17:03-28-04'00'US
Christian Preziosi
Land Management Group, Inc. (agent)
Northeast Cape Fear Umbrella Mitigation Bank
c/o Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
1

6.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
June 23, 2022
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Headwaters
Dear Kim Williams:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as
critical habitat (collectively referred to as trust resources) under the U.S. Fish and
Wildlife Service's (USFWS)jurisdiction that are known or expected to be on or near
the project area referenced below. The list may also include trust resources that
occur outside of the project area, but that could potentially be directly or indirectly
affected by activities in the project area. However, determining the likelihood and
extent of effects a project may have on trust resources typically requires gathering
additional site-specific (e.g., vegetation/species surveys) and project-specific (e.g.,
magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact
information for the USFWS office(s) with jurisdiction in the defined project area.
Please read the introduction to each section that follows (Endangered Species,
Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information
applicable to the trust resources addressed in that section.
Nor
Location ')\°&
Pender County, North Carolina
0 /
`f.
eFF-
1�4

Local office
Raleigh Ecological Services Field Office
t. [phone]
fi [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487 Ci

Endangered species
This resource list is for informational purposes only and does not constitute an
analysis of project level impacts.
The primary information used to generate this list is the known or expected range
of each species. Additional areas of influence (AOI) for species are also considered.
An AOI includes areas outside of the species range if the species could be indirectly
affected by activities in that area (e.g., placing a dam upstream of a fish population
even if that fish does not occur at the dam site, may indirectly impact the species by
reducing or eliminating water flow downstream). Because species can move, and
site conditions can change, the species on this list are not guaranteed to be found
on or near the project area. To fully determine any potential effects to species,
additional site-specific and project-specific information is often required. Ilk 1
Section 7 of the Endangered Species Act requires Federal agencies to "request of
the Secretary information whether any species which is listed or proposed to be
listed may be present in the area of such proposed action" for any project that is
conducted, permitted, funded, or licensed by any Federal agency. A letter from the
local office and a species list which fulfills this requirement can only be obtained by
requesting an official species list from either the Regulatory Review section in IPaC
(see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to
the IPaC website and request an official species list by doing the following:
1 . Draw the project location and click CONTINUE.
2, Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species
and their critical habitats are managed by the Ecological Services Program of the
U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National
Oceanic and Atmospheric Administration (NOAA Fisheries?).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not
shown on this list. Please contact NOAA Fisheries for species under their
jurisdiction.

1 . Species listed under the Endangered Species Act are threatened or endangered;
IPaC also shows species that are candidates, or proposed, for listing. See the
listing status page for more information. IPaC only shows species that are
regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is
an office of the National Oceanic and Atmospheric Administration within the
Department of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened ‘0\441\
Wherever found
No critical habitat has been designated for this species. -S' IX\ ‘
https://ecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus Threatened
Wherever found Marine mammal
There is final critical habitat for this species. The location
of the critical habitat is not available.
https://e cos.fws.gov/ecp/species/4469
Birdsce.0‘-''.
NAME STATUS
Piping Plover Charadrius melodus Threatened
There is final critical habitat for this species. The location
of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa Threatened
Wherever found
There is proposed critical habitat for this species. The
location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/1864

Red-cockaded Woodpecker Picoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
0\44.1\
Green Sea Turtle Chelonia mydas Threatener
There is final critical habitat for this species. The location
of the critical habitat is not available. \I\ r
https://ecos.fws.gov/ecp/species/61 99
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
Wherever found - I % %
There is proposed critical habitat for this species.The
location of the critical habitat is not available.
https://ecos.fws.gov/ecplspecies/5523
i
Leatherback Sea Turtle Dermochelys coriacea Endangered
Wherever found
There is final critical habitat for this species.The location
of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta Threatened
There is final critical habitat for this species.The location
of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/1110

Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyi Endangered
Wherever found
No critical habitat has been designated for this species. R
https://ecos.fws.gov/ecp/species/3281
Rough-leaved Loosestrife Lysimachia asperulaefolia Npolengered
Wherever found
No critical habitat has been designated for this specie .
https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/e c p/speci es/8549
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with
the endangered species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act

and the Bald and Golden Eagle Protection Act?.
Any person or organization who plans or conducts activities that may result in
impacts to migratory birds, eagles, and their habitats should follow appropriate
regulations and consider implementing appropriate conservation measures, as
described below.
1 . The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern https:llwww.fws.gov/program/migratory-
birdslspecies
• Measures for avoiding and minimizing impacts to birds f \
https://www.fws.gov/l i bra rylco I I ection slavo id i ng-and-minimizing-i n cidenta I-ta ke-
migratory-birds
• Nationwide conservation measures for birds
https:Ilvvww.fws.govlsitesldefaultlfi lesldocu mentslnationvvide-sta ndard-
conservation-measures.pdf -
The birds listed below are birds of particular concern either because they occur
on the USFWS Birds of Conservation Concern (BCC) list or warrant special
attention in your project location. To learn more about the levels of concern for
birds on your list and how this list is generated, see the FAQ below. This is not a list
of every bird you may find in this location, nor a guarantee that every bird on this
list will be found in your project area. To see exact locations of where birders and
the general public have sighted birds in and around your project area, visit the
E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and
models detailing the relative occurrence and abundance of bird species on your list
are available. Links to additional information about Atlantic Coast birds, and other
important information about your migratory bird list, including how to properly
interpret and use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and
minimization measures to reduce impacts to migratory birds on your list, click on
the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these
birds are most likely to be present and breeding in your project area.
NAME BREEDING SEASON (IFA
BREEDING SEASON IS

INDICATED FORA BIRD ON
YOUR LIST, THE BIRD MAY
BREED IN YOUR PROJECT
AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
ESTIMATE OF THE DATES
INSIDE WHICH THE BIRD
BREEDS ACROSS ITS ENTIRE
RANGE. "BREEDS
ELSEWHERE" INDICATES
THAT THE BIRD DOES NOT
LIKELY BREED IN YOUR
PROJECT AREA.)
American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions(BCRs) in the V.\
continental USA
https://ecos.fws.gov/ecp/species/9587
American Oystercatcher palliatus Breeds Apr 15 to Aug1
Y Haematopusp g
This is a Bird of Conservation Concern (BCC)throughout
its range in the continental USA and Alaska.
http s://e cos.fws gov/ecp/species/8935
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC) in this
area, but warrants attention because of the Eagle Act or
for potential susceptibilities in offshore areas from
certain types of development or activities.
https://ecos.fws.gov/ecp/species/1626
Black Skimmer Rynchops niger Breeds May 20 to Sep
This is a Bird of Conservation Concern (BCC)throughout 15
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/5234

Gull-billed Tern Gelochelidon nilotica Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC)throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9501
Lesser Yellowlegs Tringa flavipes Breeds elsewhere
This is a Bird of Conservation Concern (BCC)throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9679
Marbled Godwit Limosa fedoa Breeds elsewhere
This is a Bird of Conservation Concern (BCC)throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9481
fik,,d°C
Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC)throughout ,,
its range in the continental USA and Alaska. ihio
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern (BCC)throughout
its range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes Breeds May 10 to Sep
erythrocephalus 10
This is a Bird of Conservation Concern (BCC)throughout
its range in the continental USA and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions (BCRs) in the
continental USA
Short-billed Dowitcher Limnodromus griseus Breeds elsewhere
This is a Bird of Conservation Concern (BCC)throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9480

Willet Tringa semipalmata Breeds Apr 20 to Aug 5
This is a Bird of Conservation Concern (BCC)throughout
its range in the continental USA and Alaska.
Wilson's Plover Charadrius wilsonia Breeds Apr 1 to Aug 20
This is a Bird of Conservation Concern (BCC)throughout
its range in the continental USA and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug
This is a Bird of Conservation Concern (BCC)throughout 31
its range in the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to
migratory birds.
� � a
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area.When birds may be breeding
in the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure.To see when birds are most likely to occur and be
breeding in your project area, view the Probability of Presence Summary. Additional measures
or permits may be advisable depending on the type of activity you are conducting and the type
of infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location? 00\
The MI riZry Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC)
and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network(AKN).The AKN data is based on a growing collection of survey. banning,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s)which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?

The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network(AKN). This data is derived from a growing collection
of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced
and how to interpret them, go the Probability of Presence Summary and then click on the "Tell
me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project
area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of
Ornithology All About Birds Bird Guide, or(if you are unsuccessful in locating the bird of interest
there), the Cornet! Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird
species list has a breeding season associated with it, if that bird does occur in your project area,
there may be nests present at some point within the timeframe specified. If"Breeds elsewhere"
is indicated, then the bird likely does not breed in your project area.
ifs
What are the levels of concern for migratory birds? %wal
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Con.5ervation Concern (BCC)that are of concern
throughout their range anywhere within the USA(including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC- BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions
(BCRs) in the continental USA; and
3. "Non-BCC-Vulnerable" birds are not BCC species in your project area, but appear on your
list either because of the Eagle Act requirements(for eagles)or(for non-eagles) potential
susceptibilities in offshore areas from certain types of development or activities(e.g.
offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be
made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and
BCC species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird
species and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa
besides birds that may be helpful to you in your project review. Alternately,you may download

the bird model results files underlying the portal maps through the NOAA NCCOS Integrative
Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the
Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles,you may need to obtain a permit to
avoid violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort(indicated by the black vertical bar) and for the existence of the "no
data" indicator(a red horizontal bar).A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding(which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed.To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

Varine mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some
are also protected under the Endangered Species Act
LI and the Convention on International Trade in Endangered Species of Wild Fauna
and Flora?.
The responsibilities for the protection, conservation, and management of marine
mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters,
walruses, polar bears, manatees, and dugongs] and NOAA Fisheries
[responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine
mammals under the responsibility of NOAA Fisheries are not shown on this list; for
additional information on those species please visit the Marine Mammals page of
the NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take (to harass, hunt, capture, kill,
or attempt to harass, hunt, capture or kill) of marine mammals and further
coordination may be necessary for project evaluation. Please contact the U.S. Fish
and Wildlife Service Field Office shown.
"ii,\%**40""
1. The Endangered Species Act (ESA) of 1973.
2. The Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES) is a treaty to ensure that international trade in plants and animals
does not threaten their survival in the wild.
3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is
an office of the National Oceanic and Atmospheric Administration within the
Department of Commerce.
The following marine mammals under the responsibility of the U.S. Fish and Wildlife
Service are potentially affected by activities in this location:
NAM E
West Indian Manatee Trichechus manatus
https://ecos.fws.gov/ecp/species/4469

Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be
subject to the restrictions on federal expenditures and financial assistance and the
consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C.
3501 et seq.). For more information, please contact the local Ecological Services
Field Office or visit the CBRA Consultations website. The CBRA website provides
tools such as a flow chart to help determine whether consultation is required and a
template to facilitate the consultation process.
THERE ARE NO KNOWN COASTAL BARRIERS AT THIS LOCATION.
11011
Data limitations
The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are
depicted on the official CBRS maps.The boundaries depicted in this layer are not to be
considered authoritative for in/out determinations close to a CBRS boundary(i.e., within the
"CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects
that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the
Service for an official determination by following the instructions here:
https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation
Data exclusions
e '�
c'
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour(depending on
the location of the unit). The true seaward extent of the units is not shown in the CBRS data,
therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind
energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS
data. For additional information, please contact CBRAPfws.gov.
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system
must undergo a 'Compatibility Determination' conducted by the Refuge. Please
contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands
Inventory icy
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation
under Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army
Corps of Engineers District.
Please note that the NWI data being shown may be out of date. We are currently
working to update our NWI data set. We recommend you verify these results with a
site visit to determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
FRESHWATER FORESTED/SHRUB WETLAND
Palustrine
A full description for each wetland code can be found at the National Wetlands
Inventory website
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce
reconnaissance level information on the location, type and size of these resources. The maps
are prepared from the analysis of high altitude imagery. Wetlands are identified based on
vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery;
thus, detailed on-the-ground inspection of any particular site may result in revision of the
wetland boundaries or classification established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of
the image analysts, the amount and quality of the collateral data and the amount of ground
truth verification work conducted. Metadata should be consulted to determine the date of the
source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field
work.There may be occasional differences in polygon boundaries or classifications between the
information depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the
limitations of aerial imagery as the primary data source used to detect wetlands.These habitats
include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal
zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or
tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of
their depth,go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and
describe wetlands in a different manner than that used in this inventory. There is no attempt, in
either the design or products of this inventory, to define the limits of proprietary jurisdiction of
any Federal, state, or local government or to establish the geographical scope of the regulatory
programs of government agencies. Persons intending to engage in activities involving
modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary
jurisdictions that may affect such activities.

7.0 NECFUMB CREDIT RESERVATION LETTER

NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK
Agent: Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC28403
Credit Reservation Letter
May 27, 2022
Headwaters Properties LLC
Attn. Mr. Jason Swain
1131-B Military Cutoff Road
Wilmington NC 28405
Project: Headwaters Apartments and Cottages (Pender County, NC)
Dear Mr. Swain:
Per the credit request submitted by Kim Williams (agent), the Northeast Cape Fear Umbrella Mitigation Bank (Bank) is
providing preliminary acceptance to supply mitigation credits for proposed impacts to non -riparian wetlands associated
with the Headwaters Apartments and Cottages project in Pender County, NC (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
Credit Source Credits Reserved
N/A 0
Holly Shelter Bay 0.4
N/A 0.0
Fee Per Unit
Fee
Stream
$603.87
$67.442.06
$67.442.06
Total
$0.00
Non- Riparian Wetland
$26,976.82
Riparian Wetland
$0.00
$26,976.82
Based upon receipt of the credit request, the Bank will reserve 0.4 non -riparian wetland credits for a period of up to 90
days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please
contact us if you need a reservation to extend beyond the 90-day period.
Upon request for credit transfer, the Bank will issue an invoice in the amount of $26,976.82. Upon receipt of payment,
the Bank will provide an executed Transfer of Credit Certificate for the total amount of credits invoiced and paid for. If
you have any questions or need additional information, please contact me by phone at [phone] or by email
at [e-mail]
Sincerely,
Northeast Cape Fear Umbrella Mitigation Bank
lGtr /ey/10
Christian Preziosi
Davey Resource Group, Inc (agent)
Northeast Cape Fear Umbrella Mitigation Bank
c/o Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington NC 28403
1