20060930 Ver 6_401 Application_20150215

AI�LMG
LAND MANAGEMENT GROUP INC
Environmental Consultants
February 18, 2015
TO: Mr. Chad Coburn
NCDENR Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 WQC Application for Autumn Hall Town Center; New Hanover County, NC
DWQ# 2006- 0930v5
Dear Chad
Enclosed is a 401 Water Quality Certification application for your review, which is submitted on
behalf of Autumn Hall Incorporated for the Autumn Hall Town Center in Wilmington, NC The applicant
is proposing to complete the construction of a mixed -use development with 281 single - family lots, 33
townhomes, and a town center with offices, retail stores, condominiums, and a hotel. Previous NWPs and
401 WQCs have been issued for this project, which authorized permanent impacts to 0.115 acre of
wetlands and 147 LF of stream and temporary impacts to 0 021 acre of wetlands and 154 LF of stream
All impacts except for Wetland Impact #2 were installed prior to the expiration of the permits. We are
requesting a new NWP 29 and 401 WQC to complete this temporary impact. Please note that the site plan
has been slightly modified in this area, although proposed impacts remain the same. The impact has
shifted slightly and the elevated bridge (installed) is now to the north of the proposed pipe. To mitigate
for these activities, the applicant bought into the NC Ecosystem Enhancement Program for the restoration
of 68 LF of stream, restored 174 linear feet of stream on site, and preserved remaining wetlands and
streams on site Please note that the on -site stream restoration area was Just recently planted (Table 1
attached), therefore no monitoring has yet occurred
Please review this revised permit application and contact me if you have any questions The
DWR application fee has been submitted to your Raleigh office. Thank you for your assistance with this
project
Sincerely,
AL—
Kim Williams
Environmental Scientist
Encl
Cc. Mr Raiford Trask, Autumn Hall Incorporated
Mr John Tunstall, Norris and Tunstall
Mr. Kyle Dahl, USACE
Ms Jennifer Burdette, DWR
www.lmgroup.net • info @lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

Table 1. List of plants recently installed along stream restoration area at Autumn Hall. Planted on an 8 -ft
spacing
Common Name
Scientific Name
Number Planted
Bald Cypress
Taxodium distichum
] 1
Willow Oak
Quercus phellos
11
River Birch
Betula ni ra
11
Sycamore
Platanus occidentahs
l 1

5 � •
aOc�' oq&) Ke
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
Pre - Construction Notifi tiarhAPdC) Form
A.
Applicant Information
1.
Processing
la
Type(s) of approval sought from the
Corps
Fn Section 404 Permit ❑Section 10 Permit
lb
Specify Nationwide Permit (NWP) number 29 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps9
® 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
le
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 ALREADY PAID
® Yes
❑ No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1h
below
® Yes
❑ No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a
Name of project
Autumn Hall
2b
County
New Hanover
2c
Nearest municipality / town
Wilmington
2d
Subdivision name
Autumn Hall
2e
NCDOT only, T I P or state
project no
N/A
3.
Owner Information
3a
Name(s) on Recorded Deed
Autumn Hall Inc , D Webster Trask Etal
3b
Deed Book and Page No
3c
Responsible Party (for LLC if
applicable)
Mr Raiford Trask
K
L___J
U %J
L:�'
3d
Street address
1202 Eastwood Road
2015
3e
City, state, zip
Wilmington, NC 28403
3f
Telephone no
(910) 313 -0795
401 & BUFFER PERMITTING
3g
Fax no
3h
Email address
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other, specify Owner
4b
Name
4c
Business name
(if applicable)
4d
Street address
4e
City, state, zip
4f
Telephone no
4g
Fax no
4h
Email address
5.
Agent/Consultant Information (if applicable)
5a
Name
Kim Williams
5b
Business name
(if applicable)
Land Management Group, Inc
5c
Street address
3805 Wrightsville Avenue, Suite 15
5d
City, state, zip
Wilmington, NC 28403
5e
Telephone no
(910) 452 -0001
5f
Fax no
(910) 452 -0060
5g
Email address
kwilliams @lmgroup net
Page 2 of 11

B. Project Information and Prior Project History
1. Property Identification
R05000- 004 - 003 -000, R05000- 004 - 004 -000, R05000-
1a Property identification no (tax PIN or parcel ID)
004 - 005 -000, R05000- 004 - 006 -000, R05000- 004 -007-
000, R05000- 004 - 008 -000, R05000- 004 - 009 -000,
R05000- 004 - 010 -000, R05000- 004 - 011 -000
Latitude 34 2349 Longitude 77 8507
lb Site coordinates (in decimal degrees)
(DD DDDDDD) ( -DD DDDDDD)
1c Property size
235 95 acres
2. Surface Waters
2a Name of nearest body of water (stream, river, etc) to
UT to Bradley Creek
proposed project
2b Water Quality Classification of nearest receiving water
SC
2c River basin
Cape Fear River Basin
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
The site was formerly the Duck Haven Golf Course and is mostly cleared Several roads and homes have already been
built throughout the site Development in the vicinity of the project area is residential, commercial, or undeveloped
3b List the total estimated acreage of all existing wetlands on the property
10 85 acres
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
4700 linear feet
3d Explain the purpose of the proposed project
The proposed work is required to provide access to lots throughout the site
3e Describe the overall project in detail, including the type of equipment to be used
This project consists of a mixed use development with 281 single- family lots, 33 townhomes, and a town center
with offices, retail stores, condominiums, and a hotel The applicant will initially complete grading Planned roads
and stormwater conveyances will be constructed Infrastructure such as water will then be installed Finally, lots will
be sold for individual development Much of this development is underway All previously authorized impacts have
been installed expect for Wetland Impact #2 The impact at this location has changed slightly from what was
previously authorized The impact has shifted slightly and the elevated bridge (installed) is now to the north of the
proposed pipe The acreage of impact remains the same
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past
Yes El No ❑ Unknown
Comments Jennifer Frye of the USACE signed the
wetland survey on July 22, 2004 Emily Hughes of the
USACE issued a new JD on March 1, 2012
4b If the Corps made the jurisdictional determination, what type
❑ Preliminary ® Final
of determination was made?
Agency /Consultant Company
4c If yes, who delineated the jurisdictional areas?
Land Management Group, Inc
Name (if known) Paul Farley
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
USACE March 1, 2012 (Action ID# SAW - 2006 -40204 -065)
Page 3of11
PCN Form — Version 1 3 December 10, 2008 Version

Project Information and Prior Project History
5. Project History
5a Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes, explain in detail according to "help file" instructions
A NWP 39 was issued on 2/20/07 and a 401 WQC was issued on 12/13/06 for permanent impacts to 0 115 acre of
wetlands and 147 LF of stream and temporary impacts to 0 021 acre of wetlands and 154 LF of stream The permits
expired prior to project completion A NWP 29 was issued in October of 2009 that reflected a revised site plan This
permit expired and impacts were not completed This NWP 29 was reauthorized on March 1, 2012 (2006- 40204 -065) and
the 401 WQC was reauthorized in February of 2012 (DWQ# 2006- 0930v5) The applicant is requesting a new NWP 29
and 401 WQC to complete Wetland Impact #2
6. Future Project Plans
6a Is this a phased projects
❑ Yes ® No
6b If yes, explain
N/A
Page 4 of 11

C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ®P ❑ T
Road and Utility
Crossing
404 Freshwater
® Yes
❑ No
® Corps
® DWQ
115 (installed)
W2 ❑ P ®T
Excavation for
Utility Installation
404 Freshwater
® Yes
❑ No
® Corps
® DWQ
021
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
❑ Yes
❑ Corps
W4 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W5 ❑ P ❑ T
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
136 acres
2h Comments Project comprises of 0 115 acre of permanent wetland impacts and 0 021 ac of temporary wetland impacts
Impact W1 has already been installed under previous NWP 29
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
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)
other)
(feet)
feet
S1 ® P ❑ T
Road
UT to Bradley
® PER
® Corps
--10
147
Crossing /Culvert
Creek
❑ INT
® DWQ
(installed)
S2 ❑ P ® T
Utility Crossing
UT to Bradley
Creek
® PER
❑ INT
® Corps
® DWQ
--10
15
(installed)
S3 ❑ P ®T
Culvert
UT to Bradley
® PER
® Corps
—10
46
Maintenance
Creek
❑ INT
® DWQ
(installed)
S4 ®P ❑ T
Road
UT to Bradley
® PER
® Corps
—10
40
Crossing /Culvert
Creek
❑ INT
® DWQ
(installed)
❑ PER
❑ Corps
S5 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S6 ❑ P ❑ T
❑ INT
❑ DWQ
3h Total stream and tributary impacts
248
31 Comments Project comprises of 187 LF of permanent stream impacts and 61 LF of temporary stream impacts All stream
impacts have been installed under previous NWP 29
Page 5 of 11
PCN Form — Version 1 3 December 10, 2008 Version

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 N/A
4a 4b 4c 4d 4e
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
0. Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below
5a 5b 5c 5d 5e
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 N/A
P2
5f. Total N/A
5g Comments Applicant has a stormwater permit for all constructed and proposed stormwater ponds
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres) N/A
5a Size of pond watershed (acres) N/A
5k Method of construction Excavation of upland acreage
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts
below If any impacts require mitigation, then you MUST fill out Section D of this form N/A
6a
Project is in which protected basin?
6b 6c 6d
Buffer impact
number — Reason
Permanent (P) or for
Temporary (T ) impact
B1 ❑P FIT
INEII■M
B3 ❑P ❑T
61 Comments
❑ Neuse ❑ Tar - Pamlico ❑ Other
❑ Catawba ❑ Randleman
6e I 6f I 6g
Buffer
Stream name mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h Total buffer impacts
Page 6 of 11
Zone 1 impact I Zone 2 impact
(square feet) (square feet)

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The applicant has taken great care in the site design in order to minimize impacts to 404 wetlands and streams
However, the tip of a wetland finger (Impact #1) was disturbed by the side slopes of a proposed road Another
wetland area ( #2) will be temporarily impacted from the installation of a storm drain Three stream crossings were
needed and have already been constructed Stream impact #1 was needed to tie the subdivision into Clear Run
Drive, as required by the City This crossing was relatively long (147 LF) because of the irregular shape of the
property boundary in this area and the need to maintain proper road curvature Stream impact #2 was a 15'
temporary impact needed to install a storm drain Stream impact #3 replaced an existing culvert off of Clear Run
Drive, as required by the City
1 b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Construction has included a series of silt fences around wetland /stream areas to control sediment erosion
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a
Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
® Yes ❑ No
2b
If yes, mitigation is required by (check all that apply)
® DWQ ® Corps
2c
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
® Payment to in -lieu fee program
® Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank N/A
3a
Name of Mitigation Bank N/A
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
® Yes Already Paid
4b
Stream mitigation requested
68 linear feet
4c
If using stream mitigation, stream temperature
® warm ❑ cool ❑cold
4d
Buffer mitigation requested (DWQ only)
N/A square feet
4e
Riparian wetland mitigation requested
N/A acres
4f
Non - riparian wetland mitigation requested
N/A acres
4g
Coastal (tidal) wetland mitigation requested
N/A acres
4h Comments The applicant has already paid into the EEP for the restoration of 68 LF of stream This was a condition
of the previous Nationwide Permit
5.
Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 11
PCN Form — Version 1 3 December 10, 2008 Version

5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
In accordance with the previously approved mitigation plan, the applicant restored 174 LF of stream on site by removing
an existing culvert and excavating a new channel Additionally, 44 stems were recently planted along the banks of the
restored channel No monitoring of the restoration area has occurred yet since it was lust recently planted Finally,
remaining wetlands and streams have been preserved This preservation document will need to be updated to reflect the
revised site plan
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
6c
6d
6e
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required:
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee funa)
6h Comments
Page 8 of 11

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
Comments
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
68%
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
A stormwater permit has been obtained by Norris and Tunstall Engineers
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
El USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
® Coastal counties
❑ HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
El Yes No
attached?
5.
DWQ 401 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
Page 9 of 11
PCN Form — Version 1 3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes El No
letter )
Comments
2. Violations (DWQ Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b Is this an 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 in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered "no," provide a short narrative description
This project will not provide access to surrounding development Remaining wetlands and streams have been preserved
4. Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility
The project ties into existing public utilities
Page 10 of 11
PCN Form — Version 1 3 December 10, 2008 Version

5.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a
Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b
Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c
If yes, indicate the USFWS Field Office you have contacted
❑ Asheville
5d
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species According to
their database, several rare species are known to occur near the project area, but not within it Also, most observations
are historic
6.
Essential Fish Habitat (Corps Requirement)
6a
Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Site does not contain estuarine habitat that would be suitable for federally- managed species
7.
Historic or Prehistoric Cultural Resources (Corps Requirement,
7a
Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g , National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b
What data sources did you use to 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 historic resources were noted'within this site
B. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
❑ Yes ® No
8b
If yes, explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100 -year floodplain
e
Kim Williams
V �/ f
2/18/15
Applicant/Agent's Printed Name
�
Date
r Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided )
Page 11 of 11

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN.
I /we, the undersigned, hereby authorize Land Management Group, Inc. to act
as our agent in the preparation and representation of information related to the
permit application for the Autumn Hall Subdivision located in New Hanover
County, NC. All questions in regards to this project should be directed to Land
Management Group, Inc
Sincerely,
Date

' cen
I ' �
'7 -R 111
Z
*Boundaries are approximate and are— — SITE
not meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg 84.2003
Autumn Hall Town Center Land Management Group, Inc.
Autumn Hall Inc.
Environmental Consultants
Wilmington, N.C.
New Hanover County, NC
February 2015
Fist
Oc"nk Piet
SCALE 1" = 1 Mile
Figure 1
Vicinity Map

Boundaries are approximate aria are
not meant to be absolute.
LI-I&A-9
Map Source: Wrightsville Beach Quadrangle 7.5 minute (topographic) 1978.
Autumn Hall Town Center Land Management Group, Inc.
Autumn Hall Inc.
Environmental Consultants
Wilmington, N.C.
New Hanover County, NC
February 2015
SCALE 1" = 1200'
Figure 2
USGS Topographic Map

-bounaarles are approximate ana are
not meant to be absolute.
Map Source: NRCS Soils Map.
Autumn Hall Town Center
Autumn Hall Inc.
New Hanover County, NC
ban -Q
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
February 2015
SCALE 1" = 800'
Figure 3
Soils Map

*Boundaries are approximate ana are
not meant to be absolute.
Map Source: 2012 NAPP aerial photography
Autumn Hall Town Center
Autumn Hall Inc.
New Hanover County, NC
011E
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
February 2015
SCALE 1" = 800'
Figure 4
Aerial Photograph

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INMI.B5
AUTUMN HALL TOWN CENTER
New Hanover County, NC
Figure 4. Stream restoration.

North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Autumn Hall
Mr Raiford Trask
1202 Eastwood Road
Wilmington NC 28403
Division of Water Quality
Charles Wakild, P E
Director
February 13, 2012
Subject Property- Autumn Hall Subdivision
Dee Freeman
Secretary
New Hanover County
DWQ Project # 06- 09300
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr Trask
You have our approval, in accordance with the attached conditions to permanently impact 0 115
acres of 404 Wetlands and 187 linear feet of stream to construct the proposed mixed use
development as described in your application received by the N C Division of Water Quality
(DWQ) on December 23, 2011 After reviewing your application, it has been determined that
the impacts are covered by General Water Quality Certification Number 3821 (GC3821) This
Certification replaces the one issued on May 15, 2009, and can be found on line at
http //h2o.enr state nc.us /ncwetlands
The Certification(s) allows you to use Nationwide Permit 29 when issued by the US Army Corps
of Engineers (USACE) In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non - discharge, and stormwater regulations Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit
This approval is for the purpose and design that you described in your application If you change
your project, you must notify us and you 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
1617 Mad Service Center, Raleigh, North Carolina 27699 -1617
Location 512 N Salisbury St Raleigh, North Carolina 27604
Phone 919 - 807 -63001 FAX [phone] Customer Service 1 -877- 623 -6743
Internet vuww ncwaterouality orq
An Equal Opportunity 1 Affirmative Action Employer
Ono,
orffiCarcAiiia
6

2
Autumn Hall
New Hanover County
2006- 0930v5
The Additional Conditions of the Certification are
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are
approved including incidental impacts
2 Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below.
According to the Pre - construction Notification Application, we understand that you have
already made payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet the mitigation requirement under the
previous 404 authorization in 2009 The application also states that 174 linear feet of on-
site stream restoration have been completed to meet the mitigation requirement
Type of Impact
Amount Approved (Units)
Plan Location or Reference
404 Wetlands
0 115 acres
Page 5 of 11 in PCN
Perennial Stream
187 (linear feet)
Page 5 of 11 in PCN
2 Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below.
According to the Pre - construction Notification Application, we understand that you have
already made payment to the Wetlands Restoration Fund administered by the NC
Ecosystem Enhancement Program (EEP) to meet the mitigation requirement under the
previous 404 authorization in 2009 The application also states that 174 linear feet of on-
site stream restoration have been completed to meet the mitigation requirement
Type of Impact
Mitigation Required
River and Sub -basin
Number
Perennial Stream
174 (linear feet of
Cape Fear 03030005
onsite restoration
Perennial Stream
68 (linear feet of
Cape Fear 03030005
compensatory
mitigation)
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 LAMA Mayor application All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur
4 No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project

3
Autumn Hall
New Hanover County
2006 -09300
5 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 by this 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 and reporting requirements
are required A copy of this permit and monitoring report forms may be found at
hrtp• //h2o.enr state.ne us /su/Fonns Documents htm
6 Culvert Installation
Placement of culverts and othe> structures in waters, streams, and wetlands must be
placed below the elevation of the streambed by one (1) foot for all culverts with a
diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a
diameter less than 48 inches, to allow low flow passage of water and aquatic life Design
and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis- equilibrium of
wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ Culverts required for this project shall be
installed in such a manner that the original stream profiles are not altered Existing stream
dimensions (including the cross section dimensions, pattern, and longitudinal profile)
must be maintained above and below locations of each culvert Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head
cutting of the streams If any of the existing pipes are or become perched, the appropriate
stream grade shall be re- established or, if the pipes installed in a perched manner, the
pipes shall be removed and re- installed correctly
7 Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
BMP measures from the most current version of NCDOT Construction and Maintenance
Activities manual (http / /www ncdot or /g dole /opeiations/BMP� manual /download /BMPSManualpdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to
prevent excavation in flowing water
8 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

4
Autumn Hall
New Hanover County
2006- 0930v5
return the attached Certificate of Completion to the 401 /Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650
9. Sewer Systems
The project shall comply with 15A NCAC 2H 0219(i)(2)(G) and all other State, Federal
and local sewer system regulations
10 Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B 0200 Appropriate sediment and erosion
control practices must be used to meet this standard
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
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing You must act within 60
days of the date that you receive this letter To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N C 27699 -6714 This certification and its
conditions are final and binding unless you ask for a hearing
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act If you have any questions, please telephone Ian McMillan in the Central Office in
Raleigh at 919 - 807 -6300 or Chad Coburn in the DWQ Wilmington Regional Office at 910 -796-
7215
Sincerely,
` Cr,
'
4-<111 Ch s Wakild, P E, Director
Division of Water Quality
Enclosures GC 3821
Certificate of Completion
cc Kim Williams — Land Management Group, Inc, P O Box 2522, Wilmington, NC 28402
Emily Hughes — USACE Wilmington Field Office
Ian McMillan — DWQ 401 Oversight and Express Unit
WiRO

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW- 2006 -40204 County New Hanover U S G S Quad Wrightsville Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Autumn Hall Incorporated Agent: Land Management Group, Inc.
Attn: Mr. Raiford Trask Attn: Kim Williams
Address: 1051 Military Cutoff Road, Suite 200 Address: 3805 Wrightsville Ave., Suite 15
Wilmington, North Carolina 28405 Wilmington, North Carolina 28403
910 - 313 -0795 910- 452 -0001
Size and location of property (water body, road name /number, town, etc ) The 235.95 acre tract is located along the
southside of Eastwood Road (US 74), between Cardinal Drive South and Rogersville Road, adjacent to an unnamed tributary
to Bradley Creek, Wilmington, New Hanover County, North Carolina. Latitude- 34 2349 Longitude: - 77.8507
Description of projects area and activity This permit re- authorizes the permanent discharge of fill material into 0.115 acres of
wetlands and 40 linear feet of stream channel and temporary impacts to 0.021 acres of wetlands and 15 if of stream channel
for the purpose of completing the mixed -use development known as Autumn Hall Town Center.
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Regional General Permit Number or Nationwide Permit Number 29
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 12/22/2011. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or
appropriate legal action.
This verification 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, 2012 It is incumbent upon you to remain informed of changes to the NWPs 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 the date of the modification or
revocation of the N WP to complete the activity under the present terms and conditions of this nationwide permit
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N C Division of Coastal Management
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact EmilyA4ughes at (910) 251463 _
C-11
Corps Regulatory Official
Expiration Date of Verification March 18, 201
Date March 1, 2012
The Wilmington Dish ict 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 / /per2 nwp usace ai mymil /survey html to complete the survey
onlme

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 33 1)
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
Basis For Determination
The site exhibits wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional
Supplement and also exhibits a feature with an ordinary high water mark (OHWM) that is an unnamed tributary to Bradley
Creek, a Traditional Navigable Water of the U S This determination was made using information provided by Land
Management Group and a site visit made by Emily Hughes on January 18, 2012.
Remarks. Slight changes were made from the previous JD that expired 10/29/2010.
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 startmg work
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
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
Phone [phone]
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 5/1/2012
* *It is not necessary to subpnf -a3 RFA form to the Division Office if you do not object to the determination in this correspondence **
Corps Regulatory Official
Date March 1, 2012 Expiration Date March 1, 2017
Copy furnished
Chad Coburn, DENR -DWO, WiRO, 127 Cardinal Drive Ext Wilmington, NC 28405

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Applicant A_ _utumn Hall Incorporated/Raiford Trask File Number SAW- 2006 -40204 Date 3/1/2012
Attached is
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
'SECTION:I = The'followmg deptifie "s °your*rights and options- rega`rdmgw aadm msYrative=appeal o the;above decision. _ -
. ��-
_be�'oiiiid at Ii :! /www:�sace'ar"m mil %in�bfunchonslcw "Icecwo /reg �qr�- - ;�,�-� " �X�` -
_
A INITIAL PROFFERED PERMIT. You may accept or object to the pen-nit
• 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 -11 -- REQUEST-FOR=APPEAL`of OBJECTIONS.TO AN INITIAL - PROFFERED` PERMIT.= Y.
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 admmmstratrve 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
;POINTx "bF iCONTACT -1 0"UESTIOXS OR
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 Hughes, Regulatory Specialist
CESAD -PDO
Wilmington Regulatory Field Office
U S Army Corps of Engineers, South Atlantic Division
69 Darlington Ave.
60 Forsyth Street, Room 1OM15
Wilmington. NC 28403 -1343
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 opportunit to participate in all site mvestt rations
Date
Telephone number
Signature of appellant or agent
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Emily Hughes, 69 Darlington Avenue, Wilmington, North
Carolina 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]

Action ID #: SAW- 2006 - 40204 -065
SPECIAL CONDITIONS:
1) De 174 linear feet of onsite stream restoration will be completed as described in the Restoration Plan
umn Hall Town Center, dated March 2009 The permittee will complete all restoration activities
and vegetation plantings (on 8 -foot centers) within 15 days of receipt of this permit and fully
implement the specified monitoring in accordance with the Plan, permit conditions, and success
' �criteria.
Annual monitoring reports will be provided to the Corps on or before May I" of each year until the
success criteria have been met to the satisfaction of the Corps. If any of the success criteria are not met
after five years, the permittee shall submit to the Corps a determination as to the corrective action to be
taken
2) The permittee shall execute and cause to be recorded in the New Hanover County Register of Deeds the
revised Declaration of Covenants for Conservation Areas and wetland preservation plat for the purpose
of maintaining the on -site preservation areas Language in the Declaration prepared by Kenneth A
Shanklin has been modified to incorporate a proposed private kayak/canoe launch structure to be
located at the headwaters of Bradley Creek. Revisions must be made to the orillinal wetland
preservation man to reflect changes to impact areas as authorized by this permit and submitted to
the Corps within 15 days.
The permittee shall enforce the terms of the Declaration, and, prior to the sale or conveyance of the
property, shall take no action on the property described in the Declaration inconsistent with the terms
thereof The permittee shall provide a copy of the recorded Declaration and corresponding map to
the Corps within15 days of recording.
Corps Regulatory Official Date (Z/