20061522 Ver 4_401 Application_20141014

joutkern E_nvironmental Group, Inc.
5515 5outk College Road, Suite E_ • Wilmington, North Carolina 28 +12
910.452.2711 • Fak 910.+52.2899
W WW.segi.us
29 September 2014
Hand Delivery
Mr. Chad Coburn
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Pre - Construction Notification
The Creek at Willowick
City of Wilmington, New Hanover County, North Carolina
Dear Chad:
[SEGi Project #: 05- 108.021
C r_� n
OCT 0 2U
2014
DENR
001 & BUFcs<R n ESOI! }1( ES
Southern Environmental Group, Inc. (SEGi) has been retained by Navaho Development Company, LLC (see
Attachment 1), herein referred to as the "Applicant ", to submit the attached Pre - Construction Notification
(PCN) and accompanying attachments (see Attachment 2). The project site is located at 1300 Navaho Trail, off
Myrtle Grove Road, in New Hanover County, North Carolina, and is adjacent to Whiskey Creek.
Historically, the agencies considered the north and south tracts one single and complete project and issued a
Department of the Army (DOO) Nationwide Permit 39 (see Attachment 3) and corresponding NC Division of
Water Quality (now Water Resources) Water Quality General Certification (GC) #3402 (see Attachment 4). The
authorized work consisted of impacting 0.35 acre of wetlands (0.24 acre north tract + 0.11 acre south tract) and
72 linear feet of stream impact (south tract). The impacts were necessary to facilitate the installation of
infrastructure. Mitigation to offset those impacts consisted of: (1) Payment to the NCEEP for 72 linear feet of
warm water stream restoration credit (2) creation of wetlands and (3) preservation of wetlands. Construction on
the north tract took place in 2008 and the NCEEP stream restoration credit was secured (see Attachment 5), but
the creation and preservation of wetlands did not take place. This rendered the project in non - compliance of the
NWP and GC. In order to resolve the non - compliance, the USACE required the Permittee (TSV Developers,
Inc. and Navaho Investments, LLC) to make payment to the NCEEP, at a 3:1 mitigation to impact ratio, for
riparian wetland restoration credit. This ratio was intended to fulfill the creation and preservation components of
the previously issued permit. This was fulfilled in January of 2009 (see Attachment 6). Once the non-
compliance had been resolved, the Permittee applied for and secured a CAMA Major Permit for the anticipated
wetland impacts, as well as the construction of a community observation deck, to take place on the south tract,
also known as The. Creek at Willowick - (see Attachment 7). As part of that -pcmnt, the. USAF d the
Applicant to make payment to the NCEEP for 0.22 acre of riparzan:VV�tland restoration credl%, a t "e
.•. ,..�:
remaining wetlands. Payment was made to the NCEEP, as required (see Attachment 8), but the wland
preservation never took place.
The following is a list of the permits that have been issued for this project:
• USACE Action ID #: 200600561 (Notification of Jurisdictional Determination)
• AID #: SAW - 2006 -40949 -065 (Nationwide Permit 39) issued 19 January 2007, expired 18 March 2008
(impacts associated with the development of The Creek at Willowick did not occur during this time period.)
S
4 . }

o5 -io&o, Pre- (_onstruction Notification Project Narrative [2121 Sr—Gi
401 Water Quality Certification #3402: 20061522 (issued 29 November 2006)
• 401 Water Quality Certification #3402: 20061522x2 (issued 16 May 2008)
• Stormwater Permit #: SW8 060748 — issued 28 November 2006
• Sedimentation & Erosion Control Permit #: 83 -06 — issued 27 June 2007
• DOT Driveway Encroachment Permit — issued 12 September 2008
• CAMA Major Permit #: 73 -09 — issued 29 June 2009
Currently, all of the work associated with the north tract has been completed, and all of the proposed wetland
impacts authorized under the CAMA Major Permit 73 -09, for the south tract, have taken place. The community
observation deck has not yet been constructed. Just recently the south tract was conveyed to the Applicant (see
Attachment 9).
During the construction of the roadways, within the south tract, it was determined that a conveyance swale is
not able to drain properly. In order to correct the problem, the drainage swale needs to be extended out
approximately 50 feet into the wetland. This will provide the fall necessary to allow the water to drain. The
proposed drainage swale would require 750 square feet (0.02 acre) of permanent wetland impact and 1,175
square feet (0.03 acre) of temporary wetland impact (see Attachment 10). The permanent impact would result
from the incidental fallback from excavating the swale. The temporary impact would result from removing
vegetation from each side of the drainage feature for a construction buffer. It is not anticipated that land
disturbance (disturbance of the root mat) will take place within the temporary impact area, and the area will be
allowed to re- vegetate naturally, after work has been completed. Should land disturbance take place, the area
will be returned to its original grade and contour first. Cumulatively, wetland impacts on the north and south
tracts will total 0.37 acre (0.24 acre north tract + 0.13 acre south tract).
Taking into consideration that the previous Permiee made payment to the NCEEP for 0.94 acre of riparian
wetland restoration credit (a 2.7 to 1 mitigation to impact ratio), the Applicant is not proposing mitigation with
this request. The Applicant and SEGi feel the mitigation supplied to date is sufficient to offset the cumulative
impacts associated with the project. With that being said, the Applicant is requesting that the preservation be
removed from the compensatory mitigation requirements.
As required, the Two Hundred and Forty Dollar ($240.00) filing fee has been attached as Attachment 11 and
sent to the Division of Water Resource 401 & Buffer Permitting Unit, along with 4 copies of the application.
In conclusion, it is of SEGi's opinion that the proposed impact is the least environmentally damaging
practicable alternative. It is our sincere hope the information found within and attached to this correspondence
is sufficient to process PCN and the WQC will be issued. However, Should you have questions or concerns
regarding this correspondence, please free to contact our office at 910.452.2711. Thank you for your time and
assistance with this project. We look forward to hearing from you.
Sincerely,
Dana A. Lutheran
Project Manager
Enclosures (11)
cc: Ms. Sheri Montalvo — Division of Water Resource 401 & Buffer Permitting Unit (4 copies and $240
filing fee)
:�.`.1r..d.n: t , ! . , r r . .at_ ..: o- ,ut.+5 . ss. ro.a.v a....s..ry v .t

The Creek at Willowick LAMA Major Minor Mod. Attachments 5r—C3i
Attachment 1
Agent Authorization & Secretary of State Page
Page i
9/11/14

SEGi
AGENT AUTHORIZATION 'FORM
PROPERTY LEGAL DESCRIPTION: The Creek at Willowick
LOT NO. PLAN NO. PARCEL I.D. R07200 -007- 031 -000
STREET ADDRESS: 1300 Navaho Trail
Property Owner (please print): Navaho.Development Company LLC
The undersigned; registered property owner of the above noted property, does hereby authorize
Southern Environmental GrouU, Inc. (SEGi)„.to act on my behalf in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
C all
Telephone:
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledge.
Property OwnerAutho ized Signature SEGiAutho ' ed Signature
Print Name
f
Date
DGt f A Print Name
Name
q q1
Date

-ia 1'ASt.1;'
RG i t
Account Loain Reaister
North Carolina
.Elaine F, Marshall EPART ENT OF THE
Secretary ECRETARY OF TA` IE
PO Box 29622 Raleigh,1NC17626 -0622 (91,9}807 -2000
Date:
9/9/2014
Click here to.
View Document Filings I File an Annual Report
f:1 Print a Pre - populated Annual Report Fillable PDF Form I Amend A Previous Annual Report
Corporation Names
Name
Name Type
NC NAVAHO DEVELOPMENT COMPANY, LEGAL
LLC
Lim'ited Liability Company
I,nformati'on
SOSID:
1326273
Status:
Current - Active
Effective Date:
71312013
Citizenship:
DOMESTIC
State of lnc.:
NC
Duration:
PERPETUAL
Annual Report Status:
CURRENT
Registered Agent
Agent Name:
STEVENS, M. CRAIG
Office Address:
5710 OLEANDER DRIVE, UNIT 200
WILMINGTON NC 28403 -4722
Mailing Address:
5710 OLEANDER DRIVE, UNIT 200
WILMINGTON NC 28403 -4722
Principal Office
Office Address:
5710 OLEANDER DRIVE, UNIT 200
WILMINGTON NC 28403 -4722
Mailing Address: 5710 OLEANDER DRIVE, UNIT 200
WILMINGTON NC 28403 -4722
Officers /Company Officials
Title: MEMBER
Name: MICHAEL CRAIG STEVENS
Business Address: 5710 OLEANDER DRIVE SUITE 200
WILMINGTON NC 28403

Title: MEMBER
Name: . A V SAFFO
Business Address: 5710 OLEANDER DRIVE, UNIT 200
WILMINGTON NC 28403
This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version
3967

The Creek at Willowick CAMA Maior Minor'Mod Attachments 5r-Gi
Attachment 2
Pre - Construction Notification
Page ii
9/.11/14

OF W AT
1 1 Em
G -c
Office Use Only
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form CgQ 00 /S as V
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
® Section 404 Permit ❑ Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
®Yes ❑No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
®401 Water Quality Certification — Regular [_]Non-404 Jurisdictional General Permit
❑401 Water Quality Certification — Express ❑Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑Yes ®No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of
impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee
program.
® Yes ❑No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
®Yes [—]No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
[]Yes ®No
2.
Project Information
2a.
Name of project:
Willowick at the Creek
2b.
County:
New Hanover
2c.
Nearest municipality/ town:
Wilmington
2d.
Subdivision name:
Willowick
2e.
NCDOT only, T.I.P. or state project no:
Not applicable
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Navaho Development Company LLC
3b.
Deed Book and Page No.
5775/2930 d ` 9 14
3c.
Responsible Party (for LLC if applicable):
Craig M. Stevens
3d.
Street address:
5710 Oleander Drive, Suite 200
3e.
City, state, zip:
Wilmington, NC 28403
3f.
Telephone no.:
910.620.2068
3g.
Fax no.:
NA
3h.
Email address:
NA

4.
Applicant- Information (if different4rom,owner) — same as above.
4a
Applicant is`
❑Agent ❑Other, specify
4b 'Name
R07200- 007 - 031 -000
4c
Business name
(if applicable)
Latitude 34.1663 ON Longitude 77.8669 °W,
4d
Street address
—40.0
4e
City, state „zip*
4f
Telephone,no
Whiskey Creek
49.
Fax no -
2c
4h
Email address
3.
5.
Agent/Consultant'Information (if applicable)
5a
Name
Dana.A Lutheran
5b
Business name (if applicable)
Southern Environmental Group, Inc. (SEGi)
5c
Street address
5315'South College Road Suite E
5d
City, state „zip
Wilmington, NC 28412
5e
Telephone no
910.452.2711
5f
Fax no
910.452.2899
5g
Email address
dlutheran @segi.us,
B.
Project Information and Prior Project History
1.
Property Identification
1a
Property identification no (tax PIN or parcel ID)
R07200- 007 - 031 -000
1 b
Site =coordinates (in decimal degrees)
Latitude 34.1663 ON Longitude 77.8669 °W,
1c
Property size
—40.0
2.
Surface Waters
2a
Name of nearest body of water to proposed project
Whiskey Creek
2b Water Quality Classification of,nearest receiving
water
SA-HQW
2c
River basin
White Oak
3.
Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of,the project at the time of this
application
At the present time, the majority,of_,the site has been cleared. Roads and' infrastructure have been'installed on the east side
of the tract. The west side remains undisturbed.
3b
List the total estimated acreage of all existing wetlands on the property — 3.6 AC
3c
List the total estimated linear feet,of all existing streams (intermittent,and perenrnal),on the property —1120 LF
3d Explain the purpose of the proposed project-
'the purpose �of the project is to create a swale that will allow treated ,stormwafer to discharge out of the basin, which is
necessary to ensure the feature operates as intended.

3e Describe the overall project in detail, including the type of equipment to be used
Prior to construction commencing, sedimentation and erosion control structures will be erected The project area will then
be cleared of vegetation A track hoe will be used to dig and shape the swale Temporary impacts have been incorporated
into the ^plan, although it is not'known, if they will' be necessary
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream
Oyes [:]No [:]Unknown
,determinations by�the Corps or State been
2. Wetland.lmpacts
requested or obtained for this property / project
Comments
1.4b If the Corps made the jurnsdictional.determination,
[:]Preliminary ®Final
what type of determination was made?
2c
4c 'If yes,, who delineated'•thejuhsdicfional areas?
Agency /Consultant Company SEGi
Name (if known) Mr. David Scibetta
Wetland impact
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
3/16/06
5. Project History
5a Have permits or certifications been requested or
®Yes [:]No ❑Unknown
obtained for this°project, (including, all prior phases)
in the past?
5b If yes, explain in detail °according to "help,file" instructions
A CAMA Major Permit was issued for this property back in 2006. Due to the North Carolina Permit Extension Act, the
permits were extended until December 31, 2015. To date, all of the authorized, work within wetlands, has been completed.
Please refer to the Project Narrative for details.
6. Future Project Plans
6a Is this a phased;project?
❑Yes E]No
6b If yes, explain
C. Proposed Impacts Inventory
1. 'Impacts Summary
la Which sections were completed below for yourrproject,(check all that,apply)
®Wetlands ❑Streams — tributaries ❑Buffers ❑Open Waters ❑Pond Construction
2. Wetland.lmpacts
If there are wetland impacts proposed on the site, then complete,this question for each wetland area impacted
2a
2b
2c
2d
2e.
2f Area
Wetland impact
Type ofimpact
Type,of wetland
Forested
Type of jurisdiction
of
number Permanent
Corps (404,10) or
impact
(P) °or Temporary (T)
DWQ (401, other)
(acres)
P1
Excavation
Headwater Forest
Yes
404
0.02
T1
Vegetation removal
j Headwater'Forest
j 'Yes
j 404
0.03
2g Total Permanent Wetland Impacts:
0.02
2h Comments The area shown as temporary impacts are being provided to act as a construction buffer.
Should the
impacts become necessary, upon completion, these areas will be returned to their original grade and seeded with a native
wetland seed mix / and allowed to re- vegetate naturally.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream,sites impacted

3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
Permanent (P) or
5a
Pond ID number
5b
Proposed use or
purpose,of pond
intermittent (I NT)?
jurisdiction
stream
width
length
(linear
Temporary (T)
Excavated
Flooded
Filled
Excavated
(feet)
feet)
3h Total stream and tributary impacts
5f Total:
31 Comments
4. .Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the
U S then individually list all open water impacts below
4a
Open water impact
number Permanent'(P) or
Temporary,(T)
4b
Name of water body
(if `applicable)
4c
Type of impact
4d
Water body type
4e
Area of impact (acres)
01
4f Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a
Pond ID number
5b
Proposed use or
purpose,of pond
5c
Wetland Impacts (acres)
5d
Stream Impacts (feet)
5e
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
5f Total:
NA
NA
NA
NA
NA
NA
NA
5g Comments
5h Is a dam high hazard permit'required?
❑Yes ZNo if yes, permit ID no
51 Expected pond surface area (acres)
5t Size-,of pond - watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWQ)
If protectwill impact a protected riparian buffer, then complete, the, chart below If yes, then individually list-all'buffer impacts below
If any impacts require mitigation, then you MUST fill out Section D of this form
6a ProjecVis in which protected basin?
Neuse Tar - Pamlico Catawba Randleman Other
6b
Buffer Impact number —
Permanent (P) or
Temporary (T)
6c
Reason for impact
6d
Stream name
6e
Buffer Mitigation
required?
6f
Zone 1 impact
(square feet)-
6g
Zonet2 impact
(square feet),
B1
6h Total Buffer Impacts:
NA
NA
61 Comments.
D. Impact Justification and Mitigation
1. Avoidance,and Minimization

la Specifically describe measures taken to avoid or minimize the, proposed impacts in designing protect
The proposed swale is only as wide and long_ as needed to allow the stormwater pond to draw down and the treated water
conveyed,to thewetland.
2b Specifically describe measures taken to avoid, or minimize the proposed impacts through construction techniques
Strict sediment and erosion control and stormwater measures will be in place prior to beginning work associated with the
feature. This will ensure that the adjacent unnamed tributary will be protected from sediment and pollutant filled
stormwater runoff from the,site and,off the adjacent highway.
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
Due to ,the fact that the approved wetland impacts were mitigated for back for previously, and the impacts just recently
conducted, the Applicant is not proposing additional compensatory mitigation.
2a Does ,,the protect require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State
❑Yes ®No
2b If yes; mitigation is, required by (check all that;apply) '
❑DWQ ❑Corps
2c If yes,.which mitigation option will be used for this
protect
❑Mitigation bank
❑Payment <to m -heu -fee program
❑ Permittee Responsible Mitigation
3: Complete,iVUsing a Mitigation Bank
3a Name of Mitigation Bank NA
3b Credits Purchased (attach receipt and letter,)
Type
Quantity
3c Comments
4. Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
4b Stream mitigation requested
4c If using stream mitigation, stream temperature
4d Buffe( mitigation requested,(DW.Q =Iy)
4e Riparian wetland mitigation requested
4f Non - riparian wetland mitigation requested:
4g Coastal (tidal),wetland mitigation requested.
4h. Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee, responsible mitigation plan, provide a description of the proposed mitigation plan
NA
16. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the protect result in an impact within a protected npanambuffer that requires I ❑Yes ®No
buffer mitigation?
6b If yes, then identify the square feet,of impact to each zone.of the npanan.buffer that requires mitigation Calculate the amount
of mitigation required

6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(squareAfeet)
ZonbA
3 (24or,Catawba)
Zone -2
8 5
6f Total,ibuffer mitigationtrequired�
NA
6g If'bufferrmfigation is required, discuss what1yperof mitigation is proposed (e-g , payment,to private mitigation bank„
permittee'responsible °riparian buffer restoration, payment mto,an approved in -lieu feerfund)
NA
6h Comments-
E. Stormwater Management °and Diffuse F16W iPlan, (required' by DWQ)
1. Diffuse Flow Plan
1a, Does the protect include ores it adtacent,to protectediriparian buffers identified
❑Yes ®No
within ne of,theNC Riparian Buffer Protection „Rules
1b If`yes, then isra,diffuse flow plan included If`no, explain ,why'
❑Yes ®No
2 Stormwater Management Plan
2a What is °the overall percent ofimpervious area of this;proiect?
Less,than 24%
,2b Does the project require a:Stofmwater,Management-Piany
®Yes ❑No
'2c If this proiect,DOES NOT require a, Stormwater Management'Plan, ezplairrwhy
2d If this project DOES require a Stormwater Managementu Plan, then provideia brief, narrative description of the plan
Stormwaterpermit SW8 060748,has been issued for this project;(see Appendix6).,
2e- Who will be responsible forthe,review of the Stormwater Management Plan?
3. Certified,L-ocal Government Stormwater Review _
3a In which local government's unsdiction,is_this prd'ecf?
NA
❑Phase II
3-b Which of the {following locally - implemented stormwater managemenVprograms
[-] NS , W USMP
❑Water,SUpply Watershed
apply)(check all that apply)
❑Other
3c Has the approved 'Stormwater�Management,Plan with proof of approval been
❑Yes ®N9,
attached?
4. DWQ Stormwater l?rogram Review
®Coastal counties
❑ HQW'
4a. Which of the following,state- implemented stormwater management programs apply
❑ORW
(check all that apply)
❑Session Law,2006 -246
❑Other
46- Has the approved Stormwater ManagemenYPlan with; proof ,of approval been
®Yes ❑No
attached ?'
115. 'DWQd401,' Unit Stormwater RevieW

5a Does the Stormwater Management Plan meet the appropriate requirements?
®Yes ❑No
5b Have all of the 401 Unit submittal requirements been met?
®Yes ❑No
F. Supplementary Information
1. Environmental Documentation (DWQ'Requirement)
1'a Does the,proiect involve an expenditure of public (federal /state /local) funds or the use
[-]Yes ®No
of public (federal /state) land?
1,b If you answered "'yes" to the above, does the project regwre preparation of an
environmental document ,pursuant to the requirements of, the 'National or State
[-]Yes ❑No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c If you answered "yes" to the above, has the document review been finalized by the State
Clearing Houses (If so, attach a copy,of the NEPA or SEPA final approval letter )
Dyes ❑No
Comments
2. 'Violations (DWQ ?Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated`Wetland
kules (15A NCAC 2H 1300), DWQ.Surface Water or Wetland Standards, or Riparian
❑Yes ®No
Buffer Rules (15A NCAC 2B 0200)?
2b Is thivan after - the -fact permit application?
❑Yes ®No
2c, If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)-
3. Cumulative Impacts (DWQ Requirement)
3a Will this project (based on, past and reasonably anticipated future impacts) result -m
Eyes ❑No
add itional,development, which could impact - ;nearby downstream waterquality?
3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance,with the most
recent DWQ policy- Ifyou answered "no," provide a short narrative description
The installation of the drainage swale will result in 0.02 acre of wetland impact. This is in conjunction with the 0.11 acre of
wetland impact previously permitted. Total wetland impacts associated with The Creek at Willowick will be 0.13 acre and
72, linear`feet of stream. For the north and south tracts, cumulative impacts will be,037 acre and 72, linear feet of stream.
The construction ,of this subdivision Will not result in development outside of the proposed project area. Furthermore,
sedimentation and erosion control' measures will be implemented, Which Winstalled correctly, will assist in reducing the,
potential for pollutants to enter North Carolina's waterbodies. Future impacts are not anticipated.
4. Sewage Disposal (DWQ Requirement)
4a , Clearly detail the ultimate4reatment methods,and,disposition (non- discharge,or discharge) of wastewater generated from the
proposed project, or available capacity of`the subject facility
Sewer and water will be supplied by the Cape Fear Public Utility Authority.
S. 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 concerning Endangered Species Act'impacts?
❑Yes ®No
Sc If yes, indicate the USFWS Field Office you have contacted

5d What data sources did you use to determine whether your site would impact Endangered Species or Designated. Critical
Habitat'
This section was reviewed and addressed during the CAMA Major Permit, application process.
6. Essential Fish Habitat (Corps Requirement)
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NC Division of Fisheries PNA map.
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 (e g , National Historic Trust
designation,or properties significant in North Carolina history and archaeology)
❑Yes ®No
7b What data sources did you use to determine,whether your site woul&impacfhistonc or archeological resources?
This section was reviewed and'addressed during the original CAMA Major Permit application process.
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- designated 100 -year floodplain?
❑Yes ®No
8b If yes, explain how project meets FEMA requirements NA
8c What,source(s) did you use to make,the floodplain,determination?
NHC GIS.
Dana A Lutheran
11 September 2014
Applicant/Agent's£Signature
Applicant/Agent's Pnnted'Name
Date
(Agent's signature is valid'only if an authorization letter from
the applicant is provided )

The Creek atWillowick LAMA Mayor Minor Mori. Attachments S�CjI
Attachment 3
DoA Nationwide Permit 39
Page iii
9/11/14

(0,.�
U.�. ARMY CORPS OF ENGINEE_ _ �
WILMINGTON DISTRICT
Action ID. SAW- 200640949 -065 County: New Hanover USGS Quad: Wrightsville Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: TSV Developers, Inc.
Address: 1904 Eastwood Road
Suite 212
Wilmington, North Carolina 28403
Telephone No.: 910 - 256 -1045
Size and location of property'(water body, road name /number, town, etc.):
Description of projects area and activity: Excavation,of and disch,
wetlands and 72 linear feet of stream channel for the purpose of
Willowick residential development.
Applicable,Law: Z Section 404 (Clean Water Act„ 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional' General Permit Number:
Nationwide Permit Number: 39
The 79.07 acre tract is located to the north
wetlands and-an unnamed tributary to
Your work is authorized by theabove referenced,permit,provided it is,accomplished in,strict,accordance with the attached
'conditions and'your submitted,pla_ns. Any violation, of the attache&conditionstor deviation from ybuvsubmittedrplans may subject -the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This - verification, is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWP,s. We will issue a
public notice when the NWPs,are�reissued. Furthermore, if you commence or are under contract to commence.this activity before the
date that the relevant nationwide permit is-modified or revoked, you will have twelve (12) months from theAate of the modification or
revocation of the. NWP to complete the activity under the' present terms and conditions, of this nationwide permit. 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 new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities,subject to Section.404 (as indicated ),above) may also, "require an individual Section 401 Water Quality, Certification. You
should,contact the NC Division of Water,Quality'(telephone [phone]o 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 Wilmington, NC, at (910) 796 -7215.
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 quesfionsgregarding this verification, any of the conditions oftheP,ermit, or the�Corps of Engineervi-egulatory
program, please, contact Jennifer'Frye at 910 -25, l A9.23.
Corps Regulatory Official mate: 01/19/2007
Expiration Date,of Verification: 03/18/2007
r
t
c
Page 1 of 5

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination ,is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
,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 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.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water,Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within,the above described project area have been identified under a previous,action. Please reference
jurisdictionalAetermination issued 12/21%2004 and 3/16/2006. Action 1D 200400550 and 200600561,
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http: / /www.saw.usace.army.mil /WETLANDS /index.html to
complete the survey _online.
Copy Furnished:
�,SEG Inc: 5315 Soutt%V ollege;Road; Suite'E; Wilififtie n' NC
Noelle Lutheian,'DENR -DWQ, WiRO, 127 Cardinal Drive Ext., Wilmington, NC'28405
,Page 2 ,of 5

Action ID # SAW-2006-40949-06.t, r
SPECIAL CONDITIONS:
1) In order to compensate for impacts to 72 linear feet of warm water stream channel the permittee shall
make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in the amount
determined by the NC EEP, sufficient to,perform the restoration of 72 linear feet of warm water stream
channel in the Cape Fear River Basin, Cataloging Unit 03030005.
Construction witlun jurisdictional areas on the property shall begin only after the permittee has made
frill payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the
NC EEP has provided written confirmation to the Corpssthatit.agrees to accept responsibility, for the
mitigation work.required, in compliance with the MOU between the, North Carolina Department of
Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington
District, dated November 4, 1998.
2) The 1.05 acre on -site wetland creation will- be completed as described in the Willowick Mitigation Plan
dated,September 2006/Revised January 207 (attached). The permittee will complete all construction
and vegetation plantings in accordance with this plan within 30 calendar days of performing the
authorized jurisdictional impacts and, fully implement,the specified monitoring plan in accordance
with the mitigation plan, permit condition's and success criteria.. If any of the success criteria are not
met after three years, the permittee shall submit to the Corps a_ determination as to the- corrective action
to betaken.
Annual monitoring reports will be provided to the Corps on or before April 30th of each year until the
success criteria have been met to the satisfaction of the Corps.
3) The, Perrmhee shall execute and cause to be recorded, in the New Hanover County Register of
Deeds a Declaratioiz ,of Restrictions (attached as a Draft Copy of Restrictions) for the purpose of
maintaining the preservation areas, as shown on the Wetland's Creation Map for Willowick
prepared by Coastal Site Design, P.C., sealed 1/10/2007, in their natural and mitigated state in
perpetuity,.prior to the sale or conveyance of any lots or other property within the subdivision.
The above- mentioned.Map must also be recorded with the New Hanover County Register of
Deeds at the same time the Declaration.is recorded. No person or entity shall fill, grade,
excavate, or perform.any other land disturbing activities; ,nor construct any structures, nor allow
animal grazing or watering or any other,agri cultural use on such conservation areas. The
permittee shall enforce the terms of the restrictive covenants and, prior to conveyance of-the
,property, shall take no action on the property described in the covenants inconsistent with the
terms thereof. The permittee shall provide a copy of the recorded restrictive covenants to the
Corps of Engineers within 15 days of recording.
These provisions relating to wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District.
Corps Regulatory Official: Date: 111'9 /ao0 --
Page 5•of'5

The Creek at Willowick LAMA Maior Minor MoJ. Attachments 5E-G!
Attachment 4
NC DWQ General Certification,3402
Page iv
9/11/14

0�C WAr 1
F9 Mtchac��slcy, Crovcmor
Wtlham G Ross Jr , Secretary
rJ ll Z North Carohna,Department•of Environment and Natural Resources
-� Alan W Klimek, P E Director
Division of Water Quality
November 29, 2006
DWQ Project # 20061522
New Hanover County
Mr W. Victor Venters III
TSV Developers, Inc.
1904 Eastwood Road, Suite 21'2
Wilmington, NC 28403
Subject Property: The Park at Willowick
Approval of 401 Water Quality Certification with,Additional Conditions
Dear Mr. Venters:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact.0.35 acres of wetlands and 72 feet,of stream for the purpose of constructing a
residential subdivision at the subject. property, as described within your application dated September 9,4,
2006 -and received by, the N:C. Division of Water Quality (DWQ) on September 19, 2006,, and additional
infarmatibrixeceived October 4, 2006. After reviewing your application, it has been determined that the
impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The
Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non- discharge, and stormwater'regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to watersdas depicted in, your application shall expire
upon expiration of -the 404 or CAMA Permit.
This•approval 'is for the purpose and design that you described in your application. If you change your
project, you must,notify us and you 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
certificationtand any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long,as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) arermet. No other impacts are
approved including incidental impacts:
North Carolina Dimlon of Water Ouality 127 Cardinal Drive Extension Phone [phone] Customer Sennce1-877:623 -6748 �
Wilmington Regional Office Wilmington, NC 28405 -3845 FAX [phone] Internet www ncwateruuahty ore One NorthCurolina
An Equal Opportunity /Affirmative "Action Employer - 50% Recycled/10% Post Consumer Paper NONra!!if
Amount,A roved (Units)
Plan 'Location or Reference
Stream
72 (feet)
Area G
404 Wetlands
`0.35 (acres)
Areas A, B, C, D, E, F, & G
Waters
N/A (acres)
Buffers
N/A (square ft.)
North Carolina Dimlon of Water Ouality 127 Cardinal Drive Extension Phone [phone] Customer Sennce1-877:623 -6748 �
Wilmington Regional Office Wilmington, NC 28405 -3845 FAX [phone] Internet www ncwateruuahty ore One NorthCurolina
An Equal Opportunity /Affirmative "Action Employer - 50% Recycled/10% Post Consumer Paper NONra!!if

TSV Developers, Inc,
Page 2 of 3
November 29, 2006
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a The erosion and sediment control measures for'the project must be designed, installed;
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Desigy Manual.
b. The design, installation, operation, and maintenance of the sediment,and erosion control
measures must be such that they equal, or exceed, the,requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
c. For borrow,pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sukface Mining Manual.
d. The °reclamation measures and implementation,must comply, with the reclamation in,
accordance with.the requirements of"the Sedimentation Pollution'Control' Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction 'Notification. All construction
activities, including the design, msiallation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be pladed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control, devices, in wetlands -and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that'the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent.modifications, the applicant is required to return the attached
certifcate�ofcompletion to the 40 1 /Wetlands. Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699 -1650.
6. Protective Fencing'
The outside wetland boundary and, along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar
high visibility, material) for the areas that have been approved io mf tinge within wetland prior to
any land disturbing activities.

TSV Developers, Inc.
Page 3 of 3
November 29, 2006
7 Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and,Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions In the permit. If your project is covered by1his
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions Including the sedimentation control plan, self- monitoring, record keeping
an&reporting requirements are required. A copy,of this permit and monitoring report forms may
be found at h11p: 11h2o eni-statemc us/su/Fornis Documents.htm.
Deed Notifcatlons
Deed notifications, or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order -to assure compliance for future wetland, water and buffer
Impact. These mechanisms shall be put In place and a recorded copy must be provided to�this
office prior to Impacting any wetlands, waters and/or buffers approved for impact under this
Certification Approval and Authorization Certificate.
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 a5, depicted In your,appllcatton -and as,authorized by this Certification shall expire upon
explratlon,of the 404 or CAMA Permit.
If you do not accept any of the,eondltlons of,this Certification (associated with the approved wetland or
stream Impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. This certification and Its conditions are final and bindmg,unless you ask for a
hearing.
This lettercompletes the review of the Division of Water Quallty,under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndl Karoly in the Central Office In Raleigh,at 919-
733 -97211 or Noelle Lutheran In the DWQ Wilmington Regional Office at 910- 796 -7215
Sincerely,
� 1
Alan W. Klimek, P.E.
AWK/nnd
E_ nclosures: GC 3402
Certificate of Completion
CC. ato3 "i�F�
Amanda sKolb,,Southem'�Environmental Group Inc:K �'
Jennifer Frye, USACE Wilmington Re gulatory'Field Office
Ian.McMilIan,, DWQ 401 Oversight Unit
Stephen Rynas, DCM Morehead City
Noelle,Lutheran, DWQ Wilmington Regional Office, File Copy
Beth Wetherill, New Hanover'County Engineering
Central Files Filename 061522=06

The, Creek at Willowick CAMA_MajgrMinor Mori. Attachments SEGL
Attachment 5
NCEEP Stream Mitigation Receipt
Page v
9/11/14

JUN -05 -2007 TUE 08:02 AM TERRY TURNER FAX N0, 9102560112 P. 02
r4 14*_ I
j1 V M Iii
4�c I, n "a T_ 1111 el I t
PROGRAM
RECEIPT
March 1, 2007
TSV Developers, Inc
1904 Eastwood Road, Suite 212
Wilmington, NC, 28403
Project:
Willowiek
County:
New Hanover
D'WQ#:
2006 -1522
CUE#:
200640949 06.5
EEp #:
1LF -2006 -5027
Amount Paid:
$16,704.00
Check Number: 614
The North Carolina'EcosystemEnhuncement Program (NCEEP) has received a check as,, indicated above as paymentlfW the
compensatory mitigatiowrequirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the
above referenced project This receipt,serves,as notification dint, your compensatory mitigation requirements associated with
the authorized activity as specified below have been satisfied. You must,also comply=with all other eondidons,of this
cartification and any other state, federal or local government permits orauthorization associated with this activity.
The NCEEP, by acceptance,of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements,associated with the project-permit, and agrees to provide the,eompensatory mitigation as specified in the li :='t
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the,US Army Corps of Engineers dated November 4,1998, as indicated below.
River Basin Stream Credits wet�and �r
CD' (linear'feet) (acres)
"Cold Cool Warm Ri 'an Non -Ri arian
Cape Fear- 1 0 72 0 0
Buffer I & 11
(Sq. Ft.)
Marsh
0 1 0
Please note that a payment made to the Ecosystem Enhancement,Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must -also be accompanied by letters
from the permitting agencies stating that the,permit and/or authorizatiorr'have been rescinded: If you have,any questions,or
need additional information, please contact,Kelly Williams at (919) 716 -1921.
Sincerely,
jilham D. Gilmore, PE °
Director
cc: Cyndi Karoly. Wetland,&1401 Unit
Jennifer Frye, USACE= Wihtiingtbh; Thelma Hemmingway, Wilmington
Noelle Lutheran, DWQ- Wiliu#tgton
Doug Huggett, NCDCM- Morehead City
Amanda Kolb, Agent (rmail)
File ATA
DYGJi�j... EKkAimL (g... PYO" Our Stag Fam
North Carolina Ecosystem Enhancement Program, 1662 Mail Service Center, Raleigh, NC 27699 - 16521919- 715 -0476 / w%w.nceep_net

The Creek at Willowick LAMA Maior Minor Mod Attachments 5E-GI
Attachment 6
NCEEP 0.72 Acre Wetland Mitigation Receipt
Page vi
9/11/14

Vic Venters
TSV Development, Inc and Navaho Investors, LLC
1904 Eastwood Road, Suite 212
Wilmington, NC 28403
Project:
County:
DWQ #:
USACE Action,I_D:
EEP No..
Amount Paid:
Check Number:
Willowick Subdivision
New Hanover
06 -1522
2006 - 40949 -065
ILF- 2008 =6289
$32,250.00
1075
r Nw-
-d�ji
stem
PROGRAM
RECEIPT
January 7, 2009
The- North�Carohna- Ecosystem = Enhancement- Program- (NCEER)- has - received -a- check -as- indicated- above -as- payment - for -the- --
compensatory mitigation requirements of the 401 Water Quality Certification /Section 404 /CAMA Permit(s) issued for the above
referenced project This receipt serves as notification that your compensatory mitigation requirements associated with theiauthorized
activity as specified below have been satisfied You must also comply with all other conditions of this certification and }any other
state, federal or local government permits or authorization associated'with this activity including SL 2008452, An Act to Promote
Compensatory Mitigation by Private Mitigation Banks
The NCEEP, by acceptance of this payment, acknowledges that'the NCEEP is responsible for the compensatory mitigation
requirements associated with °the proJect',permit and agrees wprovide the compensatory" mitigation as,sgecified in the permit The
mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and
Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below
River Basin
Stream Credits
Wetland Credits
Buffer']& II
HUC
(linear feet)
(acres)
(Sq Ft )
Cold
Cool
Warm
Ri arian
on-Riparian
Coastal Marsh
White Oak
0
0
0
0
072,
0
0
03030001
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is
received`within 12 months of the date of the receipt. Any such,request must,also be accompanied by letters from thebpermitting
agencies stating hat the EEP mitigation requirements, in the,permit and /or authoi ization'have been rescinded If you have any
questions or need additional mformation,rplease contact Valerie Mitchener at (919) 715 -1973 or Kelly Williams at (919) 716 -1921
Sincerely,
M
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands /401 Unit
Jennifer Frye, USACE— Wilmington, Thelma Hemmingway, USACE`Wilmington
Doug Huggett, NCDCM- Morehead City
Amanda Kolb, agent
File

The Creek at Willowick LAMA Major Minor Mod. Attachments Sr-GI
Attachment 7
CAMA Major Permit
Page vii
9/11/1.4

JUN- 29-20tD9 14:3? Fr om:'DCN 11HD_Tl
?errhit Cla.�
NEW
Tb:919104522899
44a..r +'w.+�7.•:.vo�,.a...h ` o—.' K-.•+ wJ�.- �Pr+ P.!., iylMt9iM�h'vM�C.MIi•�o�Ma%t�bv+
I
STATE OF NORTH CAROLINA j
DeparLmtsnt of Environment and Natural Resolu'ces
and
Coa!�tal Resources Commission
t
for
Paeeal /4
Permit Number
73 -09
Major Development its -,an Area of Envirori metal Concem
pursuant to,NCGS I13A -1, t d l
_= Excavation and/or filling pursuant to NCGS 113 -229
Issued to Navaho Investments, LL , clo Terry Turner, 1904 Eastwood Road Suite 12, Wilmiiagton: NC'-28403,
Authorizing development in New Hanover County at Wliiskev (_'reek, 1300.Navaho Trail SR
as tequestud in the pemuttee's applicauo i 2/17/09 tiylF -1) ? %g/o rMp
I & Ml' -5) includingOc att'&Nvorkplan d`rawi'ngs Qi,Shedt. 1 of 1 dated 2/2/09 and Shcct 1 6 dated-V4/09
This.perrntt, issucd°on hynP?9 _ 009 , is"subject to comphancs,with the application (where con "sistcru
with the perrtnc), all applicaNc. regulations, special conditions and notes sdt forth ,below; Any vtolatioa,'d these arms may
be,subject to fines „imprisonment oricivil action;,or,mav cause the'oerintt to he ,lufi artrl vtllfl,
Upland Development --
i
1) Unless specifically dtcredherein; this perinit authori�/,es,the grading and,other'land disturbing,
activities associated with the development of the lt)t) -lot subdivision „including the w6ciated
ameziities center, access.road, utilities and culvert installaiion,'all as ekpiessly and specifically set
ft1tit in the atrached permit application and workplan drawuig, ;.'.Any additional land disturbing
acti vi ties �andlor constructior.,may require a modification of this permit. I Contact 'a Division of
CoastaLManagetuent representative, at (910) 796 -7215 fo: this determjriativn.
(See uttachcd sheets for, Additional' Condifions)�
This permit action may be __ appealed by the p- e. nii- ttee or Signed' by' -fthe nntltority,iof,Lhe Secretary oi'D]�'R and rhr
...,..... — ,. r_c_ .
}ycgww Wnuuu Lw%;ity t:,U) Gays or me 15tiung,
date. An appeal requires resaludow�prior to work initiation_ or
continuance'as.the cnse,ritay be
This permit. must be accessible an -tiite, to Department
pef"sonnol when the project is impected'fcr complianec.
Any fnaintedince work or project modineaekin not covered
hereunder requires funher,15ivision approval,
All work must cease when the perralt'expire% on
i7ccgmher 31, 2pX2
In issuing diis permit, the Stag of Narih Carolina agrees
that your,project is CkStStent with 6ft-WIirth Carolina Coastal
Managernent Prognurn;
Chain= of the Coastal Resources Commission.
ZU _
es FT, ri; Dizecfoi
ivisiori,, of Coa<ta1,,Management
11& permit and ltsvcondi6 tens are heteby.accepted
_ I_t
Signature of Pertrlitwe

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Navaho investments, LLC
Permit #73 -09 ;
PA' be 24f 4 i
ADDITIONAL CONDITIONS
Sedirineutation and Erosion Control
21 -An ,Erosion and, Scdimentntion,'Control Plan will be. required for this project This plan must be f11ed at
least thirty ,(30i days prior to the bcginnuig of any land disturbing activity. Submit' this, plan to the
Department of Environment and Natural Resources, 'hand Quality iSection, 127 Cardinal Drive
Extension, Wilmington, NC 2840i
3) In order to protect water quoity, funoff, from construction shall not visibly inc'rcasc the amount of
suspended sediments in adjacent waters.
4) Appropriate sedimentation anti erosion control devices, measures or structure~ shall be implemented to
ensure that crededmaterials do not enter - adjacent wetlands. watorcoursC's and Pi: 113' (e.g. sift fence,
diversion swales or berms, etc.).
CoMunity Observittion Platform
5) Uiiless specifically altered herein, this permit authorizes the community gbservafion platform, tend other
earuetures and uses - located in" rtr over the water that arc ampressly and speclficafl'y set forth in the permit
application. No other st,ueturc, whethee Floating or stationary, ;hall becorue a permanent part, of this
community observation platform without permit modification. No non= wstter dependent uses of
structure.~ shall be conducted oil, m or over public trust waters without "permit °modification.,
I
b) Any portion of the permitted access pier and community observation platform built over coastal
wetlands shalt, riot exceed silo feet in ividth ,rud shall be elevated a minimum of three feet over the
wdUand substrate" as measured from the bottom, t11e - king. 1
7) The authorizers project is located .within a primary nursery area (PNAo. ;!Therefore, in accordante7 with
TJ'$A:07H.0208 of.the Rules of the Coastal Resources Commission, nb new dredging or excavation
within the PNA, shall be perrriitted whh „the exception, of those nutl,urued impacts necessary for the
corlistruetion of `the boat ramp. -New dredging in any mariner, includirie "kicking” with boat propellers,, is'
not, authorized. This prohibitipn shall be applied and enforced throughout the entire exi,4teuce of the
Perin itted "stnicture.
8j No attempt Shall be made by the perinittea to prevent the full and free usc"by,the publid.of all navigable
waters at �or-adjaceDt,to,the zuthori.zecI work.
i
91 The pertnittce shall mai'nt'ain the authorized work in good condition and is conformance with the teens
and conditions of this Pprinit. Tire permittee is" not relieved of this requirement if he Oandons the
permitted activity, without having it transferred to a third party,: _
10) Thisi "permit does tilt "authorize the interference with any existing or proposed Federal pio;cct„ and the
permittet, ltall not be endfled to conlpensdtlon for damage to, the authorized structure,or work, or"injury
which -miry be caused from existing o. tutu; operations undertaken by the United States in the public
interest. i'

' JU*29 -2DZ1'_, A` 33 From: CCN HHDCTY To:,919104522893 Pase: 3'14
�.+0.a`iKaw,00c- maw- .+w•rx•,ca�Hf TcN :4W taa;.. <:.w:o-,.K ,.r •r>:swnrr,.wrs:s.: »s +v ti.. ,w.•�.a.. �, ,.oao�.m.. cow• r, ooc •.•r.w•.raesge.,a�,:.....»�..
`Navaho Investtneuts, L1LC Permit #73 -09
i Page 3 of 4
,,1,ADITfONAL CONDITIONS
i
111 The permtttee shall install,aiid maintaui at his expense any signal lights or, signal's prescribed by the US.
Coast Guard. ttnough regulation or otherw *e, on the authorized facilities. At a minimum, permanent
reflector:, shall be attached to the structure in, order to make it more visi "led uring, hours of di ikness or
inclement weather.
12) No portion of the, authorized obs:,rvat;on platform shall extendmore than one quarter of the width of the
Water �body. Measurements to ,detennine width of the water ,body,shaiP be made from the waterward
edge of any coastal wetland vegetation which borders the water body.
IVlitiaation �
13) In accordance with requirements of the US Army Corps of ,Engineers, and in order, to compensate foi
impact; to, 0.1,1 -acres of riparian wetland`s, the pennittee shall make payment to the North 'Carolina
Ecosystem Enhancement program (NC EEP) in the amount. deterruinedl by the INC EEP, sufficient to
perform the =restoration of 0.22- itetes of riparian wetlands in the Cape Fe�ir,PUvcr Basin, Cataloging Unit
03030805. Construction within ',urisdictional 404 areas on the property shall begin only 0ter the
permittee has made full payment to the NC EEP and provided, a copy of ithe,paytnent documentation to
the Corps of Engineers and DCM, and the, NC E P has provided. writtcti conhirmation to the Ccirps of
Engineers ;fitd MAI that it agrees to accept responsibility• for the ;rzlitigation work requucd, ui
coinpliance with the MOU between the North Carolina .Department ; of tavironihent and Natural
Resources ,and the'rUnited States Arrny Corps of Engmeers, Wilmington District, dated November 4,
1995.
14) In accordance with requirements of the U.S. Army Corps of Laginrdrs, the el rxecute and
cause to be recorded in the'New Hanover Cotuity Register of Deeds -thc Conservation
Declaration Restrictive Covenants for-the purpose of=ma.
ntaining,approiimately,6 9$1acies of on -sue
rigarian,and non - riparian wetlands (includes, 3 fi acres we -lands and 3:38 ac of stream) as preservation
areas, -as shown on -`the Wetlands Preservation Nlap for the Crcck.at �'Villow{ck revised -8 -08 preps rzcl
by Coastal Site Design, PC in their natural and trinigated state in perpetuity, prior to the sale of
conveyunce,ofany -lots or other, property withui,the,subdivision. -A final survey map ofthe
development, which clearly depicts the surveyed areas of,presefvation, must Oso•be recorded with,the
New Hanover - County Register of Deeds at the, §ame time the Declaratiou is recorded., No person or
entity shall fill, grade, excavate, or perfotm•any other,laud disturbing actiitities; nor construct any
srructures, nor,allow animal grazing or wateriiig or any other agricultural Lse on such conservation
areas. The pe"rmittee shall enforce °the temos of 'the Declaration -and, prior to conveyance of the pruperty.
shaR, t3kc no action on the property describe&in,the Declaration, inconsistent Kith the terms,Lncrcof. 'The
perraittee shall provide,a -copy of lie recorded Declaration miel rccYirded Survey to the Corps of
Engineers and,thc Division of Coastal Managcmertttnithm 15'days oftecordiug.
t
0
r
t
E
S

JUN -29 -28215 121:3-1 Fr rim:D_h1 f1HD_T)' To:8I91N52- 2899 'Page: -I• =1
�, �... tre5<.. yt• �Nstrr. +.x- ..c.,.C,N•r5•�'Y}A•w:.71 fMltthf} {..2121.,.- }..- ..wwY�1Ye'n•••`Fh: X,siJ.•:.n.a..} .n�...+as�!•t•r ^,rN ,r�1.O :exut,da -v ....+,..,+ rw. h-. a�•' r`- .•`S. :AAeCd:....-- .- , -.,-r
v
7
s Navhho Invtstments, LLC Permit #73.09 ;
,s 7
Page 4 of 4
ADDITIONAL CONDITIONS �
9
'r
Cultural Resource Protection i
3 '
15) Prior to the initiation of any ground disturbing, activities tijthin the crojcct area, the periviticc shall '
arrange for a cornprehcnsive 11'Cllaeol0gical siuve-y and evaluation or the entire project area or
approximately'39.99 acres. The purpose of-this work will he to identify and evaludic any archaeological
4 sites which maybe eligible for listen -,on. the National Regititerof Historic Places ,(NRh1P); to determine
whether such sites May tae adversely affected by the pro ,,pct activities; and if LSO,, to dcyclop and
simplement ail appropriate mitigation 'plait. -Pni§ work must be, tir de taken by a professional j
{ archaeological consultant. All activities associated with, the &6haeolo�ical investigations shall be
conducted in close coordination with the Office of State, Archaeology (OSA) tu
lough rile N.C. ;
Department of Cultural Resources, Consultation with the OSA by the consultant Shall take place prior
to the corrunciicenhent of any. ficl'd' work and well in ad vaticc of any ground d_isnirbing, activiiies 1t•ithin '
the project area. The evaluation and []litigation of any cultural resources, where -i propriate, shall be
conducted prior to the initiafion of constriction activities and in , consnitation with the OSA. `
Furthermore, an experienced archaeologist shall be retained to locate and map the number and
placement of graves and to delineate the bounds of the cemetery
'General
16) The permittee '!nderswids and agrecs that, if future operations by the United States requires the
temuval, relbcailcn, or ocher alteration of the structure -or work autho]•tzed by this peinlit, or °if <i-q ;he
opintombf the Secretary of'the Army or his nuthbrized tepresentative, said' structure or,work shall cause
unreasonable obstruction tu'free navigation uf'rhe navigable waters, the permitrce will be required, upon
dur: notiice;,fromtbe Carps of Engineers,'Io remove, relocate or altar +lie 4T, __Lural work or obstructions
,caused Thereby, tivithrimetpense.to the United States or the state ot'North Carolina. No clairth.shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration. .
l
17) This permit shall }nut bt transferred, sold, or otherwise disposed of to a third panty without the
written appro,%2111 of the Division of Coastal Management.
s/
NOTE,: The pertnittec, is advised that i' le wa r -
x the pot to line extcnsruns to this marina, and other areas, y
must ra.eive flat] approval from the Division .of Env
ironmethtal Health - Public Watei Supply.
Section prior to construcEidi -L
NOTE: This permit does not eliminate the need to obtain any additioual state, federal or local pertnits,
1 approvalti_or authoriautiuns that may be required.
NOTE: The, permittee and /or.his contractor is urged to meet with a representative of the Division-prior to
project initiation
NOTE: T°ne N;C. Illivision of WaterQuahty', has authonZed the proposed projeci under DWQ Project No.
064522,v2.
4
DOTE: The U S Acmy °Corps of Engineers authorized the pinpused project under COE Action hi. No.
SAW - 2006- 40949•which was issued on•5 /19109, g
..[- *•yr- }PGCiti+,Y.- r..�hr a.. aw4vne?>} TSthi: C:• Y` h•. cri�>. c. wn4�•. e•/ w✓: iatro4} l.. Mn. U. !..v..- ...arr...v.- ...�_.,..... _ _

The Creek at Willowick CAMA,Mai or Minor Mod. Attachments 5r-6i
Attachment 8
NCEEP 0.22 Acre Wetland Mitigation Receipt
Page viii
9/11/14

r�
,ftla Mem
L' uenien t
PROGRAM
RECEIPT
August 31, 2009
Terry"Turner
Navaho Investments, LLC
1904 Eastwood Road, Suite 212
Wilmington, NC 28403
Project:
The Creek at Willowick
County:
New Hanover
DWQ #:
06 -1522
CAMA #:
73 -09
COE #:
2006 -40949
EEP #:
ILF- 2008 -6457
Location:
Cape Fear 03030005
Amount Paid:
$14,900.00
Check Number: 1151
The North Carolma.Ecosystem Enhancement Program (NCEEP).has receive&a check as indicated above >as pay_ment,for the
compensatory mitigation requirements of the 401 Water Quality Certification /Section 404 /LAMA Permit(s) issued for the
above referenced project This receipt`serves as notification that your'compensatory mitigation requirements associated with
the authorized;activity as.specified below have been satisfied. You must also.comply with all other conditions of this
certification and any other state, federal or local government,permits or authorization associated,with this activity including
SL 2009 -337, An Act to Promote Compensatory Mitigation Banks
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the,compensatory mitigation
requirements associated -with the project permit and agrees to provide the compensatory mitigation as +specified in the permit
Mitigation responsibility assigned to the NCEEP is nontransferable The mitigation will be performed in accordance with the
Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps
of Engineers dated November 4, 1998, as; indicated below
River Basin
Stream Credits
Wetland Credits
Buffer l& H
HUC
(linear feet)
(acres)
(Sq Ft )
Cold
Cool
Warm
Riparian
No&Ri anan'
Coastal Marsh
Cape Fear
0
0
0
022
0
0
0
03030005
Refunds of payments made to NCEEP are only approved under certain conditions All refund requests must be submitted in
accordance with EEP's refund policy'at,www .,nceep:net-. If you have any questions or nee&addrtional information, please
contact Kelly Williams at (919) 716 -1921
Sincerely,
William D Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ,Wetlands /401 Unit
Dave Timpy„ USACE - Wilmington, Thelma Hemmingway, USACE=Wilinington
Chad Coburn, NCDWQ - Wilmington
Doug Huggett, NCDCM- Morehead City
,Amanda Kolb, agent
File
Prot"' Ow .fta&
HME R
North Carolina Ecosystem Enhancement Program, 1652 Mad Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www nceep net

The Creek at Willowick CAMA Major Minor Mod. Attachments Sr—Cj I
Attachment 9
Copy, of Deed
Page ix
9/11/-14

I� I���II�IIIRI�II�IIII VIIIIII�I�I
2013036732
Warranty Deed
FOR REGISTRATION REGISTER OF DEEDS
TAMMY THEUSCH BEASLEY
NEW HANOVER COUNTY, NC
2013 OCT 11 01 26 14 PM
BK 5775 PG 2930 -2937 FEE $26 00
NNEV STW$4 800''00
INSiPAV # MOM
Excise Tax $4,800.00 Recording tune, book and page
Parcel Identifier No R07200- 007 - 031 -000
Prepared by *( W Talmage Jones
Hogue Hill, LLP
P O Drawer 2178
WilmmgtonaNC 28402
Grantee mailing address 5710 Oleander Dnve;,Swte 200, Wilmington, NC 28403
Grantor mailing address 1904 Eastwood Road, Suite 212, Wilmington, NC 28403
Returned to Hogue Hill, LL' P
No certification or opinion on title is,expressed by the preparer of this deed except as may appear from the
preparer's signed certificate or opinion. Unless Indicated otherwise in a writing signed by the attorney who
drafted this instrument, by executing this deed, the Grantor (Seller) acknowledges disclosure that the
attorney who drafted this instrument, and the law firm for which thacattorney is associated or is a partner, is
serving as dosing attorney and settlement agent, and therefor primarily represents the Grantee (Buyer) ,and
does not represent Grantor (Seller) except in limited,representation,in the preparation of this deed and,the
deed package, and cannot give legal advice to tbe,Grantor (Seller) other than the advice to secure legal
counsel, and will,prepare the deed consistent with the,speciflcations in the purchase agreement, if any,'but, in
the absence of such specifications, will prepare a deed that will protect the interests ofthe Grantee (Buyer)
and, therefore, Grantor (Seiler) may desire to seek legal adviee,fiewindependent legal counsel, and is hereby
advised to do so by the attorney who drafted this instrument.
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
KNOW ALL MEN BY THESE PRESENTS that Navaho Investments, LLC a North
Carolina limited liability company with offices located at 1904 Eastwood Road, Suite 212,
Wilmington, NC 28403', "GRANTOR;" inconsideration of TEN AND NO /100 ($10.00)
DOLLARS and other good and valuable consideration, paid to GRANTOR by Navaho
Development Company, LLC.a North Carolina limited liability company with offices located at
5710 Oleander Drive, Suite 200, Wilmington, NC 28403, "GRANTEE," the receipt,of which is
hereby acknowledged, by these presents, does give, grant, bargain, sell and,convey unto the said
GRANTEE, and GRANTEE'S successors, and assigns, forever, in fee simple, all that certain lot
or parcel of land,located m the City,of Wilmington, County of New Hanover, State of North
Car6lma, and more particularly described as follows:
Bemg,all- of.that tract,descnbed in a Correction Deed from W. Victor Venters, III'et ux to
Navaho liivestments, LLC dated January 12, 2007 and recorded in Book 5129, Pages 628 -632 of
the,New Hanover County, North Carolina off=ice of the Register of Deeds and more particularly
described,on Exhibit "A" attached hereto and incorporated herein by reference as'fully�as if set
forth herein word for word..

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging, to the said GRANTEE and,said GRANTEE's successors, and
assigns, forever, in fee supple; and the GRANTOR, for itself,, its successors and assigns, does
covenant with the said GRANTEE and said GRANTEE's successors and assigns, that
GRANTOR isiseised of the premises m,fee simple, and has'the right to convey the same in the
estate aforesaid, thattitle is marketable and free and clear of all encumbrances, except as herein
stated, and that GRANTOR hereby will warrant and defend the title`against the lawful claims of
all persons whomsoever, except for the exceptions herein stated.
Title to the property is subject to the following exceptions:
1 The.lien for 2013 reabestate ad valorem taxes due to the City of Wilmington and
County of New Hanover.
2. The Provisions,of all applicable zoning and land use ordinances, statutes and
regulations affecting the development and use�of he property.
3 A 20 foot,Pubhc Utility Easement shown on a map of survey recorded in Map
Book 29,,Page 123 of the New.HanoveraCounty,offiice of -the Register of Deeds
4 Regstnchons, easements and rights of way of record
5. Any matters that would be revealed by a current survey of the property,bya
Registered Land Surveyor.
6. Title to, any portion of the tract that may ilie below�the,mean lugh water line of
Wluskey Creek
The designation GRANTOR,and GRANTEE as used herein shaffinclude said parties,
their successors, and assigns, and s_haltinclude singular,,plural, masculine, feminine or neuter as
required by context.
All,or a portion,of the property herein conveyed _ includes or X ,does not mclude'the
primary residence of a Grantor.
IN WITNESS WHEREOF, the GRANTOR has hereunto ^set Ins hand and,seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officer, this the 6y day'of O c.4019 =/L- ,oZ j
Navaho Investments, LLC allorth- Carolina limited
liability company
By: �f'�°" (SEAL)
Wayne Victor Venters, III, Member/Manager
By: t44vvt,4Vj (SEAL)
Terry F. Tuiner, Member/Manager
By 4 k , (SEAL)
AN. Saf o, embet/Manager

The Creek at Willowick LAMA Major Minor -Mod. Attachments SE-Gi
Attachment 10
Wetland Impact Map
Page x
9/11/14

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T,e Creek at, illowi& CAMA Maior Minor Mod. Attachments
Attachment 11
t,2-4-0 P'IV Filing Fee
Page xi
9/11/14