20052197 Ver 4_401 Application_20150330

-i?
jouthern �nvironmental G roup, Inc.
5315 Soutii Collevo Road, Suitc 1_ Wilmington, Nortk Carolina 28+12
910452 271 1 rax. 9 10 452 2899 office @seei us
www scgi us
aoas �21`9`7 V'/
17 March 2015
Hand Delivery
Mr Kyle Dahl
Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Re: Avalon Subdivision Pre - Construction Notification for Nationwide Permit 29
Supply, Brunswick County
Action ID #: 200600298
Dear Mr Dahl
[SEGi Pioject #05 -158 01 ]
91 12@120WR I
MAR 30p0151
Southern Environmental Group, Inc (SEGi) has been retained by BMR Funding, LLC to submit the attached Pre -
Construction Notification (PCN) and accompanying documents to US Army Corps of Engineers (USAGE), which serves
as a request for the Department of the Army (DoA) authorization to utilize Nationwide Permit (NWP) 29 The permit is
necessary to impact approximately 0 066 acre (2875 SF) of jurisdictional wetlands and 13 LF of stream, in order to
facilitate the completion of installing infrastructure within the southwestern portion of the existing Avalon Subdivision,
which is located at 1389 Old Lennon Rd, in Supply, Brunswick County, North Carolina This project is part of a Planned
Unit Development (PUD)
History of the project:
On 8 August 2007 and under USACE Action ID SAW- 2006 - 00298, Town & Country Developers at Wilmington received
DoA authorization to impact 0 25 acre of wetlands, 0 006 acre of open water and 49 LF of warm water stream (for details,
see Table 1 below) The impacts were permitted under NWP 39, for the purpose of constructing several road crossings
and installing three overflow culverts at the lake
Impact
Number
Type
Area (ac.)
Stream (LF) & Open Water (SF) Impacts
Type of Wetland
A
Culvert/Fill
006
Stream Crossing (13 LF)
Rivenne Swamp Forest
B
Fill
0 006
N/A
Bottomland Hardwood Forest
C
Fill
00006
N/A
Bottomland Hardwood Forest
D
Culvert/Fill
005
N/A
Farm Ditch, Waters of the US
E
Culvert/Fill
004
N/A
Farm Ditch, Waters of the US
F
Fill
0 008
N/A
Bottomland Hardwood Forest
G
Fill
004
N/A
Farm Ditch, Waters of the US
H
Culvert/Fill
002
Stream Crossing (36 LF)
Bottomland Hardwood Forest
J
Culvert/Fill
003
Open Water (243 SF)
Riparian Wetland
Total
025
49 LF and 243 SF
Table 1 2007 USACE authorized impacts
A combination of compensatory mitigation components was offered to offset the impacts First, minimization and
avoidance of impacts to 404 jurisdictional wetlands was incorporated into the design plan For example, headwalls were
proposed at all road crossings, a redesign of the entrance into the subdivision, from Hwy 211, and removing energy
dissipaters from the stream crossings were proposed As a result, impacts were reduced from 0 33 acre to 0 25 acre
Second, a 0 53 acre portion of bottomland hardwood forest (i e , forested wetland), associated with an unnamed tributary
to the Lockwood Folly River, was to be restored to its original wetland state Lastly, payment to the North Carolina
Ecosystem Enhancement Program (NC EEP) for 150 linear feet of stream restoration credit was offered to offset the 49

Avalon ,5 D PCN Project Narrative 5E-61
linear feet of stream impact (a 3 1 to 1 mitigation to impact ratio)
immediately after receiving the DoA NWP, Town and Country of Wilmington made payment to the NCEEP and were then
authorized to go to work within A etlands During the construction Impact Area H (0 02 AC) the Open Water Impact (243
SF) as well as Stream Impact 1 (39 LF) were completed Not long thereafter, the housing market crashed the property
went into foreclosure, and was subsequently forfeited to the bank
In 2010, the region experienced a 500 year storm event, which produced over 20" of rain, within a 48 hour period This
event caused the lake to overflow, which washed out the rip -rap apron and sediment into the wetland and stream down
below It also created a new drainage feature
Current status of the project:
In 2008, BMR Funding, LLC purchased the southern portion of the property, while Land Limited, LLC purchased the
northern portion BMR has been working with Brunswick County Planning Department in order to get the project back
into compliance with all local, state, and federal permits Currently, SP Avalon Development, LLC, on behalf of BMR
Funding, LLC, intends to complete construction of all roads and infrastructure within the southern portion of the project,
as well as redesign the splash pool for the overflow boxes at the lake
Several attempts have been made to include Land Limited, LLC with this permit application Unfortunately, BMR
Funding, LLC has not received a response from Land Limited, LLC Therefore, BMR Funding, LLC is forced to move
forward with securing the authorization for impacts associated with their property only Those impacts include
Impact Area
Type
Area (ac.)
Stream (LF) & Open Water (SF) impacts
Type of Wetland
A
Culvert/Fill
006
Stream Crossing (13 LF)
Rivenne Swamp Forest
J
Fill
0 006
N/A
Bottomland Hardwood Forest
Total
0 066
13 LF
Cumaiative Total
0 086
49 LF & 243 SF
j
Table 2 Proposed Impacts for BAIR Funding, LLC poi tlon of the pioject
Based on the current owner's willingness to adhere to the original site plan which included numerous retaining walls,
their willingness to perform work to remove deposited sediment for the stream and to redesign a new spillway for the
dam, that the existing and proposed impacts are less than 0 10 acre and that the stream impact was over compensated for
in 2007 (1 e , $36,750 for 49 linear feet of stream impact), SEGI feels that compensatory mitigation is not required for the
impacts
At this time SEGI is requesting the USACE's review of the attached PCN and associated appendices, in hopes that the
NWP will be issued without delay However, should you have questions or concerns regarding this project, please feel free
to contact me at 910 452 2711 Thank you in advance for your time and consideration
Sincerely,
Tl�ay��__
Dana A Lutheran
SEGI Project Manager
Enclosures (1 - PCN with Accompanying Appendices)
cc Mr Chad Coburn - DWR W1RO
Ms (Laren Higgins - D\k R Raleigh Ov er ,,ight

Avalon — grunswicic County 5-17-15
O�ot W A 7-' 9p'
o �c
A- a.ck rn e4') - -- l
Office Use Only
Corps action ID no
DWR project no
Form Version 14 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1 Processing
la Type(s) of approval sought from the Corps ® Section 404 Permit ❑ Section 10 Permit
Sr-Gi
1 b Specify Nationwide Permit (NWP) number 29 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 DWR (check all that apply)
0401 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 For the record only for DWR For the record only for Corps Permit
because written approval is not required? 401 Certifica ion
❑ Yes ®No
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 ❑ Yes ®No
program
1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h ®Yes ❑No
below
1 h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2.
Project Information
2a
Name of project
Avalon
2b
County
Brunswick County ( #10)
2c
Nearest municipality / town
Supply
2d
Subdivision name
Avalon
2e
NCDOT only, T I P or state project no
NA
3.
Owner Information
❑Yes ®No
2015
3a Name(s) on Recorded Deed BMR Funding, LLC (see Appendix A) �RmirrlNG
3b Deed Book and Page No 2864/1310 (see Appendix A)
3c Responsible Party (for LLC if applicable)
3d Street address 176 Mine Lake Court, Suite 100
3e City, state, zip Raleigh, NC 27615 -6417 (see Appendix B)
3f Telephone no NA
3g Fax no NA
3h Email address NA
1

Avalon — brunswick County 5-17-15 SF-Gi
4.
Applicant Information (if different from owner) —
4a
Applicant is
[-]Agent ®Other, specify Land Development Company
4b
Name
Mr. James Capps (see Appendix C)
4c
Business name (if applicable)
SP Avalon Development, LLC
4d
Street address
176 Mine Lake Court, Ste. 100
4e
City, state, zip
Raleigh, NC 27615
4f
Telephone no
910.447.9248
4g
Fax no
2c
4h
Email address
Icappsl @ec.rr.com
5
Agent/Consultant Information (if applicable)
5a
Name
Dana Lutheran (see Appendix D)
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
dutheran @segi.us
B
Project Information and Prior Project History
1
Property Identification
la
Property identification no (tax PIN or parcel ID)
203920913415 ( see Appendix A)
1 b
Site coordinates (in decimal degrees)
Latitude 33.997586 °N Longitude 78.211644 °W (see Appendix E)
1c
Property size
69.36 acres
2
Surface Waters
2a
Name of nearest body of water to proposed project
UT to Lockwood Folly
2b
Water Quality Classification of nearest receiving water
C;Sw (see Appendix F)
2c
River basin
Cape Fear (03030001)
3.
Project Description
3a
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
Site exhibits different conditions at different locations on property. The western portion of the tract is wooded. There is an
unnamed tributary to the Lockwoods Folly River that runs through a portion of the middle of the property. A historic lake
exists as a result of an agricultural dam being placed across the creek body. There is also a man -made, non - jurisdictional
pond on -site, found to the southeast of the lake.
In 2005, Town & Country Development obtained the necessary permits to install roads and infrastructure for the
development of a 344 lot subdivision. Most of the roads, infrastructure, and dam were installed on the southern portion of
the project site (see Appendix G). The rest of the site was left undeveloped but has been mowed over the years. There are a
few unpaved paths on the site, which existed prior to land development. The areas surrounding the project site are mostly
wooded and undeveloped, or in the process of being developed for residential subdivisions.
3b
List the total estimated acreage of all existing wetlands on the property —42.5 acres (Site wide)
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property Unknown

Avalon — E)run5wick County 5 -17 -15 SE-6i
3d Explain the purpose of the proposed project
The purpose of this project is to complete the installation of roads and infrastructure, within the southern half of the subdivision
known as Avalon. The subdivision, as proposed, will provide lots for 344 single family dwellings. However, this application will
only provide cover impacts associated with the southern portion of the development. Please refer to Appendix G for details.
3e Describe the overall project in detail, including the type of equipment to be used
The proposed development plans include roads, infrastructure, and active and passive open spaces for use by residents. As part
of this application, only impacts located on the south side of the project will be included. They include one road crossing, which
consists of wetland and stream impact. The Applicant is also proposing a kayak launch area adjacent to the 19.5 acre man-
made lake. This will be accomplished by grading the beach area from the wetland line up, and is considered a "shoreline kayak
launch area ". The proposed location of the kayak launch area is naturally sandy, and would therefore be conducive to said
natural launch area. Please see Appendix G for details of the development. Heavy equipment will be used in this project, such
as back hoes and bull- dozers. The machinery will be used to clear the land, stabilize the soil, and establish grade.
This plan has not changed since originally being permitted in March of 2007.
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream
❑Yes ®No ❑Unknown
determinations by the Corps or State been
Comments
requested or obtained for this property / project
(including all prior phases) in the past?
4b If the Corps made the jurisdictional determination,
❑Preliminary [:]Final
type of determination was made
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known) David Scibetta
SEGi
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
The wetland delineation was originally verified in January 2006 and expired in January 2011. SEGi has evaluated the site
recently and determined the wetland line has not changed since that original delineation. A new Jurisdictional Determination is
being requested as part of this PCN. The Rapanos Form and Data Sheets have been attached (see Appendix M).
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
This project was previously permitted by the USACE to utilize NWP 29 (see Appendix I). DWR's written concurrence was not
required, at that time, as the impacts did not exceed the DWR's thresholds (see Appendix J).
6. Future Project Plans
6a Is this a phased project?
®Yes ❑No
6b If yes, explain
This project is part of a Planned Unit Development (see Appendix K). However, only the subject parcels identified within this
PCN are to be considered. Should additional impacts to wetlands be necessary, on the remaining tracts within the PUD, it is
understood those impacts would be treated cumulatively with this project.
C Proposed Impacts Inventory
1. Impacts Summary

Avalon — grunswicic County 5 -17 -15 SE.GI
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 number
Type of impact
Type of wetland
Forested
Type of jurisdiction Corps
Area of impact (acres)
Permanent (P) or
(404,10) or DWR (401, other)
Temporary (T)
A
Road Crossing
Rrverme Swamp Forest
No
404
2693 SF / 0 06 AC
J
Road Crossing
Riparian /Littoral Shelf
No
404
1311 SF / 0 03 AC
2g Total Permanent Wetland Impacts
4004 SF / 0 09 AC
2h Comments Impact Area H has already taken place on the south side of the project. Only Impact Areas A and J are being
proposed with this application See Appendix G for details.
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 number
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact length
Permanent (P) or
intermittent (INT)'�
jurisdiction
stream width
(linear feet)
Temporary (T)
(feet)
2
Road Crossing UT
to the Lockwood
PER
404
6'
13
Folly
3h Total stream and tributary impacts
13
31 Comments Steam Impact 1 has already been installed Only Stream Impact 2 is being proposed with this PCN Please see Appendix G
for details of the stream impact.
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
4b
4c
4d
4e
Open water impact number
Name of water body
Type of impact
Water body type
Area of impact (acres)
Permanent (P) or Temporary (T)
(if applicable)
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
5b
5c
5d
5e
Pond ID number
Proposed use or
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
purpose of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
5f Total
NA
5g Comments
5h Is a dam high hazard permit required?
❑Yes ®No If yes, permit ID no
51 Expected pond surface area (acres)

Avalon — brunswicic County 5-17-15 5E-G1
5l Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWR)
If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below
If any impacts require mitigation, then you MUST fill out Section D of this form
6a Project is in which protected basin?
Neuse Tar - Pamlico Catawba Randleman Other
6b
6c
6d
6e
6f
6g
Buffer Impact number—
Reason for impact
Stream name
Buffer Mitigation
Zone 1 impact
Zone 2 impact
Permanent (P) or
required?
(square feet)
(square feet)
Temporary (T)
B1
6h Total Buffer Impacts
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 project
During the conception of the protect, the Applicant was careful to design the community to only require impacts to wetlands
associated with road crossings. All of the lots are buildable without impacting wetlands.
2b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Retaining walls were incorporated into the plan, in order to minimize impacts even further. In addition, during the
construction process, the contractor will be required to adhere to strict sediment and erosion control practices.
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
To date, the protect has impacted 870 SF (0.02 AC) of wetlands and 39 LF of stream. Compensatory mitigation has been
fulfilled for the 39 LF of stream impact (see Appendix K). Due to the fact that impacts associated with this portion of the
project is only 0.10 acre and the Applicant is willingness to expend additional money to minimize impacts to the greatest
extent possible, the Applicant is not proposing compensatory mitigation at this time.
2a Does the project require Compensatory Mitigation for
❑Yes ®No
impacts to Waters of the U S or Waters of the State?
2b If yes, mitigation is required by (check all that apply)
❑DWR ❑Corps
2c If yes, which mitigation option will be used for this
❑Mitigation bank
project?
❑Payment to in -lieu fee program
❑Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4 Complete if Making a Payment to In -lieu Fee Pro ram
4a Approval letter from in -lieu fee program is attached
4b Stream mitigation requested
4c If using stream mitigation, stream temperature

Avalon — brunswicic County 5 -17-15 SE-Gi
4d
Buffer mitigation requested (DWR only)
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
4e
Riparian wetland mitigation requested
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
4f
Non - riparian wetland mitigation requested
6c
Reason for impact
4g
Coastal (tidal) wetland mitigation requested
6e
Required mitigation
(square feet)
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
6
Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWR
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑Yes ®No
6b
If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount
of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required
NA
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund)
NA
6h Comments
E
Stormwater Management and Diffuse Flow Plan (required by DEMLR)
1
Diffuse Flow Plan
1 a
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑Yes ®No
1 b
If yes, then is a diffuse flow plan included? If no, explain why
❑Yes ❑No
2
Stormwater Management Plan
2a
What is the overall percent of impervious area of this project?
30%
2b
Does the 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 state stormwater permit was issued in 2006 under SW8060750.
2e
Who will be responsible for the review of the Stormwater Management Plan?
3
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
Brunswick County

Avalon - F)runswick County 3-17-15 5E-G1
❑Phase II ❑NSW USMP
3b
Which of the following locally - implemented stormwater management programs
❑Water Supply Watershed
apply (check all that apply)
❑Other
3c
Has the approved Stormwater Management Plan with proof of approval been attached?
❑Yes ®No
4
DEMLR Stormwater Program Review
❑Coastal counties ❑HQW
4a
Which of the following state - implemented stormwater management
❑ORW
®Session Law 2006 -246
programs apply (check all that apply)
❑Other
4b
Has the approved Stormwater Management Plan with proof of approval
❑Yes ®No
been attached?
5
DWR 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
F.
Supplementary Information
1
Environmental Documentation (DWR Requirement)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the use
❑Yes ®No
of public (federal /state) land?
lb
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c
If you answered "yes" to the above, has the document review been finalized by the State
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter)
❑Yes ❑No
Comments
2
Violations (DWR Requirement)
2a
Is the site in violation of DWR Wetland Rules (15A NCAC 2H 0500), Isolated Wetland
Rules (15A NCAC 2H 1300), DWR Surface Water or Wetland Standards, or Riparian
❑Yes ®No
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 (DWR 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 DWR policy If you answered "no," provide a short narrative description
This
project is part of a Planned Urban Development (PUD), thus additional impacts to wetlands will be necessary to within
the
PUD to complete the project. It is understood that the remaining wetland impacts will be treated cumulatively with this
project.
4
Sewage Disposal (DWR 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
Sewage
disposal will be treated by Brunswick County Sewer and Water
5
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a
Will this project occur in or near an area with federally protected species or habitat?
❑Yes ®No
5b
Have you checked with the USFWS concerning Endangered Species Act impacts?
[-]Yes ®No

Avalon - grunswicL County 5 -17 -15 5FCj1
5c 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?
SEQ utilized the Natural Heritage Endangered Species Interactive Map, to determine if Endangered Species or Designated
Critical Habitat would be impacted, as a i esult of the protect.
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑Yes ®No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The site is not adjacent or abutting an area where essential fish habitat would be found.
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
[-]Yes ®No
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?
Physical evaluation of the site and local knowledge.
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- designated 1 00-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?
Brunswick County GIS
Dana A Lutheran
17 March 2015
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter
from the applicant is provided )

Avalon South — PCN 5-17-15 S�G�
.SCG
Appendix A
Brunswick County Tax Information

WRITTEN CONSENT OF
THE MANAGER OF
SP AVALON DEVELOPMENT, LLC
WHEREAS, Silver Point Capital, L P. (the "Manager "), the non - member manages of SP
Avalon Development. LLC (the "Company "), is authorized to empower any director, officer,
employee or other agent of the Company to act for, or on behalf of, the Company, and
WHEREAS, the Manager intended that the persons set forth on Exhibit A hereto be
appointed as directors, officers and /or agents of the Company as set forth thereon and that they
be authorized to sign in the name of and behalf of the Company as set forth thereon
NOW, THEREFORE BE IT RESOLVED as follows
RESOLVED, that the persons set forth on Exhibit A are appointed as directors, officers
and /or agents of the Company as set forth thereon and are vested with signing authority as set
forth thei eon, and
RESOLVED, that the actions of each such person taken prior to the date hereof are
hereby ratified and confirmed as duly authorized actions on behalf of the Company
Dated October jq , 2014
SILVER POINT CAPITAL, L P
OBy /
NarneY Michael A Gatto
Tale Authorized Signatory
2008 03 01

EXHIBIT A
SP AVALON DEVELOPMENT, LLC
2008 03 01
Chief Executive Officer
Authority to sign in the name of and on
Edward Mule
behalf of the company
Vice President
Authoi ity to sign in the name of and on
Michael Gatto
behalf of the company
Genei al Counsel
Authority to sign in the name of and on
Fredei ick Fogel
Secretary
behalf of the company
David Steinmetz
Vice President
Authority to sign in the name of and on
Chief Financial Officer
behalf of the company
Authority to sign in the name of and on
Lida Saw
Vice Pi esident
behalf of the company only with respect to
the annual tax return filings
2008 03 01

Avalon jouth - PCN 3 -17 -1 5 5��1 SAC
Appendix E
2014 Aerial Photograph

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Appendix F
DWR Water Classification

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Stream index: 15- 25 -1-(1)
Stream Name: Lockwoods Folly River
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Appendix G
Avalon Site Plan and Profile Drawings

LOCA71ON MAP
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20%W RWX
� IMPACT ARfA - f
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-----= �1 - -1-
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STREAM IMPACTS
IMPACT 1 = 13.0 LF
TOTAL = 49 LF
WETIANOS IMPACT AREAS
IMPACT AREA A = Z693 SO FT
IMPACT AREA 9 = 294 SO FT
IMPACT AREA C = 29 SO FT
IMPACT AREA J = 1,311 SO FT
TOTAL = 10,970 SO FT (0.25 AC.)
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Avalon `jouth - PCN 5 -17-1 5
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Appendix H
USACE 2007 Nationwide Permit

U.S. ARMY CORPS OF ENGINEERS _
WILMINGTON DISTRICT
Action ID 2006 -41723 County Brunswick USGS Quad- Lockwood Folly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent Michael Alvis
Address Town and Country Developers at Wilmington. Inc.
3240 Burnt Mill Drive
Wilmington, NC 28403
Telephone No : (910) 251 -5101
Size and location of property (water body, road name /number, town, etc ) The 200 acre tract (parcel numbers
1690001101 and 1850002209) is located at 1389 Old Lennon Road and is for the proposed residential subdivision
Avalon in Bolivia, Lockwood Folly Township Brunswick County, NC This project is part of a Planned Unit
Development approved by Brunswick County that also includes parcels 1850002202 and 1850002208 owned by
Avalon Land Development, LLC and parcels 18500021 and 1850002101 owned by Paramount Land Development,
LLC. The proposal includes the placement of fill material into Section 404 waters to facilitate access in the
development.
Description of projects area and activity The proposal includes the placement of fill material into Section 404 waters
to facilitate access in the development. There are 12 impact areas listed below and illustrated on the attached map
Wetlands
Impact Site
Number
Area/Linear Feet
of Impact
A
006
B
0.006
C
0.0006
D
0.046
E
0 043
F
0 008
G
0 035
H
002
J
003
Total
0.25
Waters
Impact Site Area/Lmear Feet
I
Number
of Impact
Stream 1
136LF
Stream 2
113 LF
Open Water 1
10.006 acres
Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization Regional General Permit Number
Nationwide Permit Number 29
Page 1 of 2

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e , are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N C Division of Coastal Management in Wilmington, NC, at (910) 395 -3900
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Kimberly Garvey at (910)251 -4482 or kimberly 1 garvey @usace army mil
Special Conditions
1 Certification of Compliance. In accordance with the Nationwide Permit general conditions, the permittee shall
submit a certification of compliance to the Corps of Engineers The compliance notification form is attached The
completed form shall be sent to the U S Army Corps of Engineers, Wilmington Regulatory Field Office, P O
Box 1890, Wilmington, NC 28402 -1890
2 Wetland Preservation.
(a) The permittee shall maintain the preservation areas, the mitigation area and all wetlands on lots, in their
natural condition, in perpetuity Prohibited activities within the preservation area specifically include but
are not limited to the construction or placement of roads, walkways, buildings, signs, or structures of any
kind; filling, grading, excavation, leveling, or any activity that may alter the drainage patterns on the
property; the cutting, mowmg, destruction, removal, or damage of any vegetation, disposal or storage of
any debris, trash, garbage, or other waste material In addition, the permittee shall take no action, whether
on or off the preservation property, that will adversely impact the wetlands and other waters on the
preservation property, except as specifically authorized by this permit
(b) The permittee shall not sell or otherwise convey any interest in the preservation property to any third
party, without 10 days prior written notification to Wilmington District Corps of Engineers in writing,
which writing shall reference this permit Action ID number
(c) Any sale, lease, or other conveyance of the preservation property shall include restrictions on the use of
the property described in condition 3(a), above, which conditions shall be enforced by the permittee
Such restrictions shall include language providing for third party enforcement rights in favor of the Corps
of Engineers Such restrictions must be approved prior to conveyance by the Corps of Engineers
(d) Permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds a
Declaration of Restrictions acceptable to the Corps of Engineers for the purpose of maintaining the
preservation open areas to be recorded in the Brunswick County Registry, in their natural state in
perpetuity Permittee shall provide a copy of the recorded Declaration and plat to the Corps of Engineers
within 30 days of recordation Upon recordation of the Declaration, the requirements of conditions 3 (b)
and (c) will be considered satisfied with respect to the preservation area protected by that Declaration
(We recommend that the permittee review this material with his legal representative )
3. Compensatory Mitigation
(a) 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 150 linear feet of stream
channel in the Cape Fear River Basin, Cataloging Unit 03030005 Construction withinjunsdictional areas
Page 2 of 2

on the property shall begin only after the permittee has made full payment to the NC EEP and provided a
copy of the payment documentation to the Corps
(b) Wetland Creation. The pernuttee shall create 0 53 acres of wetlands onsnte as described in the attached
mitigation plan Wetland creation shall be constructed prior to or concurrently with the impacts
authorized in this permit and shall be completed within one month of the start of construction in
jurisdictional areas
i Monitoring and Maintenance The site will be monitored for a five year period with annual
reports provided to this office by January 31 of each year Within 30 days after installing
mitigation area plants, the permittee shall submit to this office a "time -zero' report The time
zero reports and all subsequent reports shall be consistent with Regulatory Guidance Letter No
06 -03 (see attached)
1. If early success of the created wetland mitigation site is demonstrated, the permittee may
request that the Corps waive additional monitoring and maintenance of the site Requests
to waive additional monitoring and maintenance must be submitted by the permittee in
writing
2 Contingency Plan Should the site not exhibit the three wetland criteria as described in
the 1987 Wetland Delineation Manual after the monitoring period, the applicant with
propose for approval by this office a contingency plan that adequately compensates for
the unpacts to waters of the US
4. Boardwalks, Nature Trails, Boat Launches, Utility and Infrastructure installation Section 404 of the Clean
Water Act, 33 U S C § 1344, prohibits discharges of dredged or fill material into waters of the United States
unless the work has been authorized by a Department of the Army permit Additional impacts to waters of the
US not specifically listed in this rmit are not authorized T e applicant has chosen not to provide this office
detailed plans of structures -and infr structure be placed w ters of the US. If these activities result m a
discharge, the permittee vpll be in on -c phi wi inns permit and this office will pursue corrective action
Corps Regulatory
Expiration Date of Ven& -abon• /Au
The Wilmington District is committed to providing the higheklevel of
please complete the attached customer Satisfaction Survey or szt
complete the survey online
Page 3 of 2
Date: August 8, 2007
to the public To help us ensure we continue to do so,
,aw usace army mil/WETLANDS /mdex html to

Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area
This preliminary determuation is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 33 1)
❑ 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 m the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification
® The junsdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued January 25, 2006. Action ID SAW -2006 -298
Basis of Jurisdictional
and
CFR 329.
Corps Regulatory
Date August S. 2007
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Angie Pennock, SEGI, Inc., 5315 South College Road, Suite E, Wilmington, NC 28412
Joanne Steenhuis, NCDENR -DWQ, 127 Cardinal Dnve, Wilmington, NC 28405
Kelly Wilhams, NC EEP, 1652 Mail Service Center, Raleigh, NC 27699 -1652
Tracy Hobgood, Brunswick County Planning, PO Box 249, Bolivia, NC 28422
Page 4 of 2

Action Id. 200600298
U.S. ARMY CORPS OF ENGINEERS ATT-1 c.KME._1,AT 115
WILMINGTON DISTRICT
County. Brunswick U.S.G S. Quad. Lockwoods Folly
NOTIFICATION OF JURISDICTIONAL DETERIVIINATION
Property Owner /Agent: Avalon Land Development, LLC
Address: 7741 Market Street, Units H & I
Wilmington, NC 28411
Telephone No..
Size and location of property (waterbody, road name/number, town, etc ) The site is a 226 -acre parcel at 1389 Old Lennon
Road, Boliva, Brunswick County, NC. Latitude: 33.998 °N• Longitude: 78 2068 °W
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 1/25/2006. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946 -6481 to determine
their requirements
Remarks: Verified in the field bvTAF on 12/28/05. The survey was signed on 11/10/05 by Patrick Bristow PLS L-4148
Danford & Bristow Land Surveying P.C. 2231 Wrightsville Ave Wilmington NC A copy of his letter is sent to
Southern Environmental Group, c/o D. Scibetta 5315 S College RD Wilmington NC 28412
Corps Regulatory
Date 01/25/2006
Expiration Date 01/25/2011
Page 1 of 2

CESAW -RG -W DATE: August 8, 2007
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potenbal Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat
1 Action ID SAW- 2006 -41723
2 Project Name and Location: Avalon subdivision. The 200 acre tract (parcel numbers 1690001101 and
1850002209) is located at 1389 Old Lennon Road and is for the proposed residential subdivision Avalon in Bolivia
Lockwood Folly Township, Brunswick County, NC.
3 Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and mm=zed impacts to the maximum practicable extent? YES
If NO, Explam:
b. Is compensatory mitigation necessary? YES
Explain. Compensatory mitigation for wetlands is on -site creation at a minimum 2:1 ratio as illustrated on
the attached mitigation plan and preservation of the mitigation area and all wetlands on lots Compensatory
mitigation for stream impacts is 3:1 payment to EEP.
4. Endangered Species (Section 7 of the ESA)
a Will any threatened or endangered species or their critical habitats be affected by this project? NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b If YES, describe steps taken to address concerns-
6 Essential Fish Habitat (50 CFR Part 600, Magnuson- Stevens Act).
a. Is this a project that "may ad affect essential fish habitat"
b If YES, descilibe step /taken
Corps Regulatory

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Avalon `jouth -PCN 3 -17-15 5��1
Appendix I
DWR 2007 No Written Concurrence

Mr Michael Alvis
Town and Country Developers at Wilmington, Inc
3240 Burnt Mill Drive
Wilmington, NC 28403
Subject Property Avalon Subdivision
NO WRITTEN CONCURRENCE NEEDED
Dear Mr Alvis
Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Alan W Klimek, P E Director
Division of Water Quality
April 27, 2007
Brunswick County
DWQ Project # 05 -2197 v3
You have our approval, in accordance with the attached conditions, to impact 0 25 acres of
wetlands and 49 linear feet of stream for the purpose of constructing the a residential
subdivision as you described in your application dated March 2, 2007, 2007 After reviewing
your application, we have decided this fill is below the threshold for written authorization as
long as all conditions of General Water Quality Certification Number 3631 (enclosed) are met,
which also may be viewed on our website at http //h2o enr state nc us /ncwetlands
This approval is only valid for the purpose and design that you described in your application
except as modified below 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 wetland fills for this project (now or in the future) exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7)
This approval shall expire when the corresponding Nationwide Permit expires or as otherwise
provided in the General Certification For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below
Conditions of Certification:
1 Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the
401 Certification has been completed The responsible party shall complete the
attached form and return it to the 401 /Wetlands Unit of the Division of Water Quality
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties This Certification shall become null and void
unless the General Certification Number 3631 is made a condition of the Federa1,404 Permit
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Service 1 -877-623-6748 One
Wilmington Regional Office Wilmington, NC 28405 -3845 FAX [phone] Internet www ncwaterquality ore NorthCarollna
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10 %a Post Consumer Paper Naturaolt

i own ana uounrry ueveiopers at w tinrungton, Inc
Page 2 of 2
April 27, 2007
If you do not accept any of the conditions of this certification, 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 at 919 - 733 -1786
Sincerely,
Noelle Lutheran
Environmental Senior Specialist
Attachments GC 3631
Certification of Completion
cc Angie Pennock, Southern Environmental Group Inc
Kim Garvey, USACE Wilmington Field Office
Ian McMillan, DWQ 401 Oversight and Express Unit
Noelle Lutheran, DWQ Wilmington Regional Office File copy
Stephen Rynas, DCM Morehead City
Central Files

Avalon 5outk - PCN 5 -17-15 S EG i
"5 2' _
Appendix J
Planned Unit Development

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Avalon `south - PCN 3-17-15 5 r--G 1
Appendix K
NC Ecosystem Enhancement Program Receipt

AUG- 25 -MG7 ei :22 FROM: Tq: T&C RfLEIGH P: Vi
TOWN & COUNTRY DEVELOPERS
DATE INVOICE No
8- 15--07 081507 Avalon
DESCRIwnON
1w
tem
NC DENR
INVOICE AMOUNT
36750.00
DEDUCTION
.00
50121
eALANCE
36750.00
CHECK
DATC 8 -24 -07 1 N 50121 TOTALS 36750.00 .00 36750.00
TOWN & COUNTRY DEVELOPERS 50121
AT WILMINGTON
ro1vs aAwx
3737 G SURE 2 0 AVE NORTH CAROLINA
slm, C 2 66.120E -o
RALEIGH, Ivc zTe,z
(919) 11(--0641
Ray: * * * * * * * * * ** *Thirty -six thousand seven hundred fifty dollars and no cents
DATE CHECK Na AMOUNT
PAY August 24, 2007 50121 $ * * ** *36,750.00
MTHE NC DENR
OFER ATTN: DAVID ROBINSON
OF
i
1652 MAIL SERVICE CENTER
RALEIGH, NC 27699 -1652
[In 05012180 1:0530120291: 87 3050 400911■
N1111 uarvoy, uoxt- r.- wummgton; 1 nnlma tterk MIngway- Wilaungton
IuannC Sicc oui,., NCDWQ. Wilmington
Amanda Knih, agent
File
RP&'OPipt,A... W"... Prot" ow Std
T7,
North Carolina Ecosystem Enhancsmar t progra M, 1652 W1 Service Center, Rakigh, NC 2768916521919-715 -0476 t www.neeep_not
'd M9 'ON Wd9 l L04Z W ' ?nV

Avalon South - PCN 3 -17-1 5
Appendix L
Brunswick County Flood Map

Brunswick County NC GIS
0.2 PCIUAL CHANCE FLOOD HAZARD A4_; J
X_��_ AEA SHADEDX
SHADED" LntKieR AE AE
AE
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SHADED X
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—X8.2 PCT ANNUA(Q ANCE FLO { H RD h FWAEAE Oak Island City
March 16, 2015
1 = 2000 Feet
N
we
5
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Avalon joutk -PCN 5-17-15 r— C3
. "SLR
Appendix M
Data Forms and Rapanos Documentation

Jurisdictional Determination Request
A. PARCEL INFORMATION
B.
C.
Street Address
City, State
County
Directions
South Fisher King Drive SE
Supply NC
Brunswick
From NC17 Supply follow NC211 towards Southport Left on South Fisher King Dr SE
Parcel Index Number(s) (PIN)
REQUESTOR INFORMATION
Name
Mailing Address
Telephone Number.
Electronic Mail Address
See attached detail sheet
David Scibetta, SEGI
5315 S College Road, Suite E , Wilmington, NC 28412
910 - 452 -2711
dscibetta@segi us
Select one
❑ I am the current property owner
❑✓ I am an Authorized Agent or Environmental Consultant
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain
PROPERTY OWNER INFORMATION
Name
Mailing Address
Telephone Number
Electronic Mail Address
See attached list of owners
W1Proof of Ownership Attached (e g a copy of Deed, County GIS /Parcel /Tax Record data)
1 If available
2 Must attach completed Agent Authorization Form
3 If available
Version December 2013 Page 3

Jurisdictional Determination Request
F. ALL REQUESTS
Map of Property or Project Aiea (attached) This Map must clearly depict the boundaries
of the area of evaluation
❑✓ Size of Property or Project Area 200
acres
F-1 I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land sure eyor OR are otherwise clearly marked or distinguishable
G. JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests
❑ Completed and signed Preliminary Jurisdictional Determination Form
F-1 Project Coordinates Latitude Longitude
Maps (no larger than 11.17) with Project Boundary Overlay•
❑ Large and small scale maps that depict, at nummum streets, intersections, towns
❑ Aerial Photography of the project area
❑ USGS Topographic Map
❑ Soil Survey Map
❑ Other Maps, as appropriate (e g National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplam maps)
6 See Appendix A of this Form From Regulatory Guidance Letter No 08 -02, dated June 26, 2008
Version December 2013 Page 5

Jurisdictional Determination Request
Delineation Information (when applicable)
Wetlands
❑ Wetland Data Sheetsg
Tributaries.
USACE Assessment Forms
Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
Landscape Photos, if taken
❑ Field Sketch overlain on legible Map that includes
• All aquatic resources (foi sites with multiple resources. label and identify)
• Locations of wetland data points and/or tributary assessment reaches
• Locations of photo stations
• Approximate acreage /linear footage of aquatic resources
(2) Approved JDs including Verification of a Delineation:
VPtoject Cooidinates N33 99879 Latitude W78 20802 Longitude
Maps (no larger than l 1x17) with Prolect Boundary Overlay
✓❑ Large and small scale maps that depict, at minimum streets, intersections, towns
7 Aerial Photography of the project area
✓❑ USGS I opograplmc Map
W1 Soil Survey Map
Other Maps, as appropriate (e g National Wetland Inventory Map, Proposed Site Plan,
previous delineation maps)
1987 Manual Regional Supplements and Data forms can be found at
http / /www usace army md/ Missions/ CnnlWorks /RegulatoryProgramandPermrts /reg supp aspx
Wetland and Stream Assessment Methodologies can be found at
http //aortal ncdenr ora /c /document library /get file ?uuid= 76f3c58b -dab8- 4960- ba43- 45b7faf06f4c &grouold =38364 and,
http / /www saw usace army mil/ Portals /59 /dots /regulatory /publicnotices /2013 /NCSAM Draft User Manual 130318 pdf
B Delineation information must include, at minimum, one wetland data sheet for each wetland /community type
Version December 2013 Page 6

Jurisdictional Determination Request
Delineation Information (when applicable)
Wetlands
�/ Wetland Data Sheets9
Tributai ies
❑USACE Assessment Forms
❑✓ Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
❑✓ Field Sketch overlain on legible Map that includes
• All aquatic resources (for sites with multiple resources, label and identify)
• Locations of wetland data points and/or tributary assessment reaches
• Locations of photo stations
• Approximate acreage /linear footage of aquatic resources
Supporting Jurisdictional Information (for Approved JDs only)
❑✓ Approved Jurisdictional Determination Form(s) (also known as "Rapanos
Form(s)")
❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s),
adjacency, etc. to navigable waters
9 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type
Version December 2013 Page 7

Parcel Information
1 BMR Funding LLC. c/o Lisa Orlando
2 Greenwich Plaza
Greenwich, Ct 06830
Parcels: 1690001101, 185DA00102, 185DB00104 ,185EA086,185EA087,185EA088,
185EA089, 185EA090 ,185EA091,185EA092,185EA00101
2 Land Limited LLC, c/o Anthony Ambrosio
317 BellevilleAve
Bloomfield, NJ 07003
Parcels: 16900011, 185CD011, 185CD00102, 185DA00101,185DB005,185DB00101,
185DB00102
3 Vincent Hams
15038 Annan Court
Charlotte, NC 28277
Parcel: 185DC101
4 Avalon Lot 117 LLC
365 Glemnore Lane
Bayport, NY 11705
Parcel: 185CD020
5 James and Karen Bowen etux
18 Danes Street
Bluepomt, NY 11715
Parcel: 185CD026
6 Mike and Heidi Cummings etux
18 Miller Avenue
Shoreham, NY 11786
Parcel: 185CD027

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h
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e 185EA091 ;{ }
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1 inch = 3,333 feet
Map Source: ESRI Street Maps
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Elevation
Value
High: 45
Low: 4
Property Line
2006 Wetlands
Ditches
0 105 210 420 630 840
Feet
1 inch = 462 feet
Map Source: NC Flood Maps LIDAR Data
UDAR Map
Avalon Tract (A
Supply, Brunswick County, NC
2/24/2015 05-158.01 F--(.-,

D
i
y
0 Property Line
2006 Wetlands
Ditches 'r
0 190 380 760 1,140 1,520
Feet
1 Inch = 833 feet
Map Source: USA Topo Maps, 1:24,000 scale
l
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USGS Topo Map
Avalon Tract
Supply, Brunswick County, NC
2/24/2015 05- 158.01
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Property Line
2006 Wetlands "r
't To
Ditches o Fo Fo
0 105 210 420 630 840 N
Feet LiDAR Map
cc_ 1 inch = 462 feet Avalon Tract Map Source: ESRI World Imagery, Supply, Brunswick County, NC �� E
Soil Survey of Brunswick Co. 2/ 24/ 2015 05- 158.01 .

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WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region
Protect/Site Avalon City /County Brunswick Sampling Date Feb 3, 2015
ApplicanUOwner BMR Funding LLC State NC Sampling Point Wetland
Investigator(s) David Sabetta, SEGi Section, Township, Range
Landform (hillslope, terrace, etc ) bottomland Local relief (concave, convex, none) none Slope ( %) 0
Subregion (LRR or MLRA) LRR T (MLRA 153C) Lat 33 °59'52" N Long 78 °12'44" W Datum NAD83
Soil Map Unit Name Muckalee NWI Classification PFOIC
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No_(If no, explain in Remarks)
Are Vegetation Sod or Hydrology _significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Sod _, or Hydrology _naturally problematic? (If needed, explain any answers in Remarks )
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important Temures, eic
Hydrophytic Vegetation Present? Yes X No
Is the Sampled Area
Hydnc Sod Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks
HYnRnI OGY
Wetland Hydrology Indicators
Secondary Indicators (minimum of two regwred)
Primary Indicators (minimum of one is required, check all that apply) _
Surface Soil Cracks (66)
X Surface Water (Al)
Aquatic Fauna (B13) _
Sparsely Vegetated Concave Surface (B8)
X High Water Table (A2)
_
Marl Deposits (B15) (LRR U) _
Drainage Patterns (B10)
X Saturation (A3)
_
Hydrogen Sulfide Odor (Cl) _
Moss Trim Lines (B16)
X Water Marks (B1)
_
Oxidized Rhizospheres on Living Roots (C3) _
Dry- Season Water Table (C2)
Sediment Deposits (62)
_
_ Presence of Reduced Iron (C4) _
Crayfish Burrows (C8)
_
_ Drift Deposits (B3)
_ Recent Iron Reduction in Tilled Sods (C6) _
Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (64)
_ Thin Muck Surface (C7) _
Geomorphic Position (D2)
_ Iron Deposits (B5)
_ Other (Explain in Remarks) _
ShallowAgwtard (133)
_ Inundation Visible on Aerial Imagery (B7)
X
FAC- Neutral Test (D5)
X Water - Stained Leaves (B9)
_
Sphagnum moss (D8) (LRR T, U)
Field Observations
Surface Water Present? Yes X No
Depth (inches) 2
Water Table Present? Yes X No
Depth (inches)
Wetland Hydrology Presents Yes X No
Saturation Present? Yes X No
Depth (inches)
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available
Remarks

VEGETATION (Four Strata) - Use scientific names of plants Sampling Point Wetland
Remarks (Include photo numbers here or on a separate sheet
Dominance Test worksheet
Absolute
Dominant Indicator
Tree Stratum (Plot size 30 )
% Cover
Species?
Status
Number of Dominant Species
1
Acer rubrum (Maple,red)
60
Y
FAC
That Are OBL, FACW, or FAC 6 (A)
2
Nyssa aquatica (Water- tupelo)
40
Y
OBL
3
Fraxinus pennsylvanica (Ash,green)
30
FACW
Total Number of Dominant
4
Liquidambar styracrflua (Gum,sweet)
30
FAC
Species Across All Strata 6 (B)
5
Percent of Dominant Species
6
That Are OBL, FACW, or FAC 100 (A/B)
7
8
Prevalence Index worksheet
160
= Total Cover
Total % Cover of Multiply by
50 % of total cover
80
20 % of total cover
32
OBL species x 1 =
FACW species X 2 =
Sapling /Shrub Stratum (Plot size 30
)
FAC species X3=
1
Acer rubrum (Maple,red)
80
Y
FAC
species X4=
2
Liquidambar styracrflua (Gum,sweet)
50
Y
FAC
3
Morelia cenfera (Wax myrtle)
50
Y
FAC
PL species X5=
UPL s
4
Persea palustns (Bay, red)
30
FACW
Column Totals (A) (B)
5
6
Prevalence Index = B/A =
7
Hydrophytic Vegetation Indicators
8
1 — Rapid Test for Hydrophytic Vegetation
210
= Total Cover
_
X 2 — Dominance Test is > 50%
105
20 % of total cover
42
1
— Prevalence Test is <_ 3 0
_3
Hydrophytic Vegetation (Explain)
Herb
Stratum (Plot size )
_Problematic
1
1 indicators of hydnc soil and wetland hydrology must
2
be present, unless disturbed or probl matic
3
Definitions of Vegetation Strata
4
5
Tree — Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and 3 in
6
(7 6 cm) or larger in diameter at breast height (DBH)
7
8
Sapling —Woody plants, excluding woody vines,
g
approximately 20 ft (6 m) or more in height and less
than 3 in (7 6 cm) DBH
10
Shrub —Woody plants, excluding woody vines,
11
12
approximately 3 to 20 ft (1 to 6 m) in height
0
= Total Cover
50 % of total cover
0
20 % of total cover
0
Herb —All herbaceous (non- woody) plants, including
herbaceous vines, regardless of size Includes woody
plants, except woody vines, less than approximately
Woody Vine Stratum (Plot size 30
3 ft (1 m) in height
1
Vdis rotundifolia (Grape muscadine)
10
Y
FAC
2
Woody vine —All woody vines, regardless of height
3
4
5
10
= Total Cover
50 % of total cover
5
20 % of total cover
2
Hydrophytic
Vegetation
Present? Yes X No
Remarks (Include photo numbers here or on a separate sheet

SOIL
Sampling Point Wetland
Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators )
Depth Matrix Redox Features
(inches) Color (moist) °/6 Color (moist) % Type Loc Texture
0 -12+ 10YR2 /1 N/A N/A Muck
'Type C= Concentration, D= Depletion, RM= Reduced Matrix, CS= Covered or Coated Sand Grains
Hydnc Sod Indicators
_Histosol (Al)
X Histic Epipedon (A2)
_Black HisUc (A3)
_Hydrogen Sulfide (A4)
_Stratified Layers (A5)
_Organic Bodies (A6) (LRR P, T, U)
X 5 cm Mucky Mineral (A7) (LRR P, T, U)
_Muck Presence (A8) (LRR U)
X 1 cm Muck (A9) (LRR P, T)
_Depleted Below Dark Surface (Al 1)
X Thick Dark Surface (Al 2)
_Coast Prairie Redox (A16) (MLRA 150A)
_Sandy Mucky Mineral (S1) (LRR O, S)
_Sandy Gleyed Matrix (S4)
_Sandy Redox (S5)
_Stripped Matrix (S6)
Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed)
Type
Depth (inches)
Polyvalue Below Surface (S8) (LRR S, T, U)
_Thin Dark Suface (S9) (LRR S, T, U)
_Loamy Gleyed Matrix (F1) (LRR O)
_Loamy Gleyed Matrix (F2)
_Depleted Matrix (F3)
Redox Dark Surface (F6)
Remarks
2Location PL =Pore Lining, M =Matrix
Indicators for Problematic Hydnc Soils
1 cm Muck (A9) (LRR O)
2 cm Muck (Al 0) (LRR S)
_Reduced Vertic (F18) (outside MLRA 150A,B)
_Piedmont Floodplain Sods (F19) (LRR P, S, T)
_Anomalous Bright Loamy Sods (F20)
(MLRA 1538)
_Depleted Dark Surface (F7)
_Red Parent Material (TF2)
_ Redox Depressions (F8)
_Very Shallow Dark Surface (TF12)
_Marl (F10) (LRR U)
_Other (Explain in Remarks)
_Depleted Ochnc (F11) (MLRA 151)
_Iron Manganese Masses (F12) (LRR O, P, T)
3
Indicators of Hydrophytic vegetation and
X Umbric Surface (F13) (LRR P, T, U)
wetland hydrology must be present, unless
Delta Ochric (F17) (MLRA 151)
disturbed or problematic
_Reduced Vertic (F18) (MLRA 150A, 15013)
_Piedmont Floodplain Sods (F19) (MLRA 149A)
Anomalous Bright Loamy Sods (F20) (MLRA 149A, 153C, 153D)
Hydnc Sod Present? Yes X No

WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site Avalon City /County Brunswick Sampling Date Feb 4, 2015
Applicant/Owner BMR Funding LLC State NC Sampling Point Upland
Investigator(s) David Scibetta, SEQ Section, Township, Range
Landform (hillslope, terrace, etc ) ridge Local relief (concave, convex, none) none Slope ( %) 0
Subregion (LRR or MLRA) LRR T (MLRA 153C) Lat 33 °59'52" N Long 78 °12'43" W Datum NAD83
Soil Map Unit Name Foreston NWI Classification NI
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No_(If no, explain in Remarks )
Are Vegetation _, Sod _, or Hydrology _significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation _,Soil _,or Hydrology_ naturally problematic? (If needed, explain any answers in Remarks )
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important teatures, etc.
Hydrophytic Vegetation Present? Yes X No
Is the Sampled Area
Hydnc Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks
HYDROLOGY
Wetland Hydrology Indicators
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is reautred. check all that apply) _
Surface Soil Cracks (B6)
_ Surface Water (Al)
_ Aquatic Fauna (B13) _
Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Marl Deposits (1315) (LRR U) _
Drainage Patterns (B10)
_ Saturation (A3)
_ Hydrogen Sulfide Odor (Cl) _
Moss Trim Lines (B16)
_ Water Marks (B1)
_ Oxidized Rhizospheres on Living Roots (C3) _
Dry- Season Water Table (C2)
_ Sediment Deposits (B2)
_ Presence of Reduced Iron (C4) _
Crayfish Burrows (C8)
_ Drift Deposits (B3)
_ Recent Iron Reduction in Tilled Sods (C6) _
Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (64)
_ Thin Muck Surface (C7) _
Geomorphic Position (D2)
_ Iron Deposits (B5)
_ Other (Explain in Remarks) _
Shallow Aquitard (D3)
_ Inundation Visible on Aerial Imagery (67)
_
FAC- Neutral Test (D5)
Water - Stained Leaves (139)
_
Sphagnum moss (D8) (LRR T, U)
Field Observations
Surface Water Present? Yes No X
Depth (inches)
Water Table Present? Yes No X
Depth (inches) >24
Wetland Hydrology Present? Yes No X
Saturation Present? Yes No X
Depth (inches) >24
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available
Remarks

VEGETATION (Four Strata) -Use scientific names of plants
Sampling Point Upland
Remarks (Include photo numbers here or on a separate sheet )
Dominance Test worksheet
Absolute
Dominant Indicator
Tree Stratum (Plot size )
% Cover
Species?
Status
Number of Dominant Species
1
That Are OBL, FACW, or FAC 3 (A)
2
3
Total Number of Dominant
Species Across All Strata 4 (B)
4
5
5
Percent of Dominant Species
That Are OBL, FACW, or FAC 75 (A/B)
7
8
Prevalence Index worksheet
0
= Total Cover
Total % Cover of Multiply by
50 % of total cover
0
20 % of total cover
0
OBL species x 1 =
FACW species X2=
Sapling /Shrub Stratum (Plot size 30
)
FAC species X3=
1 Morella cenfera (Wax myrtle)
30
Y
FAC
species X4=
2 Pinus taeda (Pine,loblolly)
10
Y
FAC
species X 5 =
UPL s
PL s
3
4
Column Totals (A) (B)
5
6
Prevalence Index = B/A =
7
Hydrophytic Vegetation Indicators
8
1 – Rapid Test for Hydrophytic Vegetation
40
= Total Cover
_
X 2 – Dominance Test is > 50%
20
20 % of total cover
8
1
– Prevalence Test is <_ 3 0
Herb Stratum (Plot size 30 )
_3
—Problematic Hydrophytic Vegetation' (Explain)
1 Andropogon virginicus (Broom- sedge)
90
Y
FAC
Indicators of soil and wetland hydrology must
2 Rubus argutus (Blackberry, serrate -leaf)
40
Y
FACU
be resent, unless disturbed or probi matic
3
Definitions of Vegetation Strata
4
5
Tree –Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and 3 in
6
(7 6 cm) or larger in diameter at breast height (DBH)
7
8
Sapling –Woody plants, excluding woody vines,
9
approximately 20 ft (6 m) or more in height and less
than 3 in (7 6 cm) DBH
10
11
Shrub –Woody plants, excluding woody vines,
12
approximately 3 to 20 ft (1 to 6 m) in height
130
= Total Cover
50 % of total cover
65
20 % of total cover
26
Herb – All herbaceous (non - woody) plants, including
herbaceous vines, regardless of size Includes woody
plants, except woody vines, less than approximately
Woody Vine Stratum (Plot size
3 ft (1 m) in height
1
2
Woody vine – All woody vines, regardless of height
3
4
5
0
= Total Cover
50 % of total cover
0
20 % of total cover
0
Hydrophytic
Vegetation
Present? Yes X No
Remarks (Include photo numbers here or on a separate sheet )

SOIL
Sampling Point Upland
Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators )
Depth Matrix Redox Features
(inches) Color (moist) 0.6 Color (moist) % Type Loc Texture Remarks
0 -5 10YR3/1 N/A N/A Loamy salt and pepper appearance
5 -12+ 10YR4/2 N/A N/A Loamy
'Type C=C once ntration, D= Depletion, RM= Reduced Matrix, CS= Covered or Coated Sand Grains
Hydnc Sod Indicators
_ Histosol (Al)
_Histic Epipedon (A2)
—Black Histic (A3)
_Hydrogen Sulfide (A4)
_Stratified Layers (A5)
_Organic Bodies (A6) (LRR P, T, U)
5 cm Mucky Mineral (A7) (LRR P, T, U)
_Muck Presence (A8) (LRR U)
1 cm Muck (A9) (LRR P, T)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al2)
_Coast Prairie Redox (A16) (MLRA 150A)
_Sandy Mucky Mineral (S1) (LRR O, S)
_Sandy Gleyed Matrix (S4)
_Sandy Redox (S5)
_Stripped Matrix (S6)
Dark Surface (S7) (LRR P, S, T, U)
Restrictive Layer (if observed)
Type
Depth (inches)
2Location PL =Pore Lining, M =Matrx
Indicators for Problematic Hydnc Soils'
Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O)
_Thin Dark Suface (S9) (LRR S, T, U)
_2 cm Muck (A10) (LRR S)
_Loamy Gleyed Matrix (F1) (LRR O)
_Reduced Vertic (F18) (outside MLRA 150A,B)
_Loamy Gleyed Matrix (F2)
_Piedmont Floodplam Soils (F19) (LRR P, S, T)
_Depleted Matrix (F3)
_Anomalous Bright Loamy Sods (F20)
_Redox Dark Surface (F6)
(MLRA 1538)
_Depleted Dark Surface (F7)
_Red Parent Material (TF2)
_Redox Depressions (F8)
_Very Shallow Dark Surface (TF12)
Marl (F10) (LRR U)
_Other (Explain in Remarks)
_Depleted Ochnc (F11) (MLRA 151)
_Iron Manganese Masses (F12) (LRR O, P, T) s
Umbnc Surface (F13) (LRR P, T, U ) Indicators of Hydrophytic vegetation and
wetland hydrology must be present, unless
_Delta Ochnc (F17) (MLRA 151) disturbed or problematic
_Reduced Vertic (F18) (MLRA 150A, 1508)
_Piedmont Floodplain Soils (F19) (MLRA 149A)
Anomalous Bright Loamy Sods (F20) (MLRA 149A, 153C, 1530)
Hydnc Sod Present? Yes No

APPROVED JURISDICTIONAL DETERMNATION FORM
U S Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION I BACKGROUND INFORMATION
A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD)
B DISTRICT OFFICE, FILE NAME, AND NUMBER
C PROJECT LOCATION AND BACKGROUND INFORMATION South Fisher King Dr SE
State NC County /pansh/borough Brunswick City Supply
Center coordinates of site Oat/long in degree decimal format) Lat 33 99851° V, Long 78 207500 '
Universal Transverse Mercator
Name of nearest waterbody UT to Lockwoods Folly River
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows Lockwoods Folly River
Name of watershed or Hydrologic Unit Code (HUC) Lumber 03040207
® Check if map /diagram of review area and/or potential jurisdictional areas is /are available upon request
C3 Check if other sites (e g, offsite mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a
different JD form
D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY)
Office (Desk) Determination Date
Field Determination Date(s)
SECTION II SUMMARY OF FINDINGS
A RHA SECTION 10 DETERMINATION OF JURISDICTION
There N" I "navigable waters of the US "within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area [Required]
® Waters subject to the ebb and flow of the tide
pWaters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce
Explain
B. CWA SECTION 404 DETERMINATION OF JURISDICTION
There A 7 "waters of the US 'within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
1 Waters of the U S
a Indicate presence of waters of U S in review area (check all that apply) 3
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
Non -RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
Impoundments of junsdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b Identify (estimate) size of waters of the U S in the review area
Non - wetland waters —1500 linear feet width (ft) and /or acres
Wetlands 42 83 acres
c Limits (boundaries) of jurisdiction based on9$7kDelineah M Waal
Elevation of established OHWM (if known)
2 Non - regulated waters/wetlands (check if applicable) 3
Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional
Explain
Boxes checked below shall be supported by completing the appropriate sections in Section III below
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally"
(e g , typically 3 months)
3 Supporting documentation is presented in Section III F

SECTION III CWA ANALYSIS
A TNWs AND WETLANDS ADJACENT TO TNW's
The agencies will assert jurisdiction over TNR's and wetlands adjacent to TNWs If the aquatic resource is a TNNN', complete
Section III A land Section III D1 only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections III A 1 and 2
and Section III D 1 , otherwise, see Section III B below
1 TNW
Identify TNW
Summarize rationale supporting determination
2 Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent' The onsite wetlands are connected to a UT to the
Lock-woods Folly
B CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY)
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i e tributaries that typically flow year -round or have continuous flow at least seasonally (e g, typically 3
months) A wetland that directly abuts an RPW is also jurisdictional If the aquatic resource is not a TNW, but has year -round
(perennial) flow, slap to Section III D 2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
slap to Section III D 4
A wetland that is adjacent to but that does not directly abut an RPW requires a sigmficant nexus evaluation Corps districts and
EPA regions will include in the record any available information that documents the existence of a sigmficant nexus between a
relatively permanent tributary that is not peiennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law
If the water body is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combmahon with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both If the JD covers a tributary with adjacent wetlands, complete Section III B 1 for
the tributary, Section III B 2 for any onsrte wetlands, and Section IILB 3 for all wetlands adjacent to that tributary, both onsrte
and offsite The determination whether a significant nexus exists is determined in Section III C below.
1 Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions
Watershed size 1000c es
Drainage area 1000 La�cres
Average annual rainfall 55 inches
Average annual snowfall 2 inches
(n) Physical Characteristics
(a) Relationship with TNW
❑ Tributary flows directly into TNW
® Tributary flows through k tributaries before entering TNW
Project waters are Ed river miles from TNW
Project waters are £(o %less river miles from RPW
Project waters are 2 aerial (straight) miles from TNW
Project waters are !L "(Ott ) aerial (straight) miles from RPW
Project waters cross or serve as state boundaries Explain
Identify flow route to TNW5 Tnb A flows into the UT, winch flows into Lockwoods Folly River
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West
' Flow route can be described by identifying, e g , tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW

Tributary stream order, if known
(b) General Tributary Characteristics (check all that apply)
Tributary is ® Natural
❑ Artificial (man -made) Explain
® Manipulated (mail- altered) Explain Some of the drainage features have been channelized to
varying degrees, depending on eleveation
T nbutary properties with respect to top of bank (estimate)
Average width 15 feet
Average depth 2 feet
Average side slo es eiticai °(1i 1 %or less)
Primary tributary substrate composition (check all that apply)
® Silts ® Sands ❑ Concrete
❑ Cobbles ❑ Gravel ® Muck
❑ Bedrock ❑ Vegetation Type /% cover
❑ Other Explain
Tributary condition /stability [e g , highly eroding, sloughing banks] Explain Stable
Presence of run /riffle /pool complexes Explain NI
Tributary geometry elati ely-. tr _gh_t
Tributary gradient (approximate average slope) Unknown %
(c) Flow
Tributary provides forphemeral,flow
Estimate average number of flow events in review area/year 6 10
Describe flow regime
Other information on duration and volume
Surface flow is Confined Characteristics
u .
Subsurface flow UTn7mown Explain findings
❑ Dye (or other) test performed
Tributary has (check all that apply)
❑ Bed and banks
® OHWM6 (check all indicators that apply)
® clear, natural Ime impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
® vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list)
❑ Discontinuous OHWM 7 Explain
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWAjunsdiction (check all that apply)
Q High Tide Line indicated by Q. Mean High Water Mark indicated by
❑ oil or scum line along shore objects ❑ survey to available datum,
❑ fine shell or debris deposits (foreshore) ❑ physical markings,
❑ physical markings /characteristics ❑ vegetation lines /changes in vegetation types
❑ tidal gauges
❑ other (list)
(m) Chenucal Characteristics
Characterize tributary (e g, water color is clear, discolored, oily film, water quality, general watershed characteristics, etc )
Explain Water is clear but tannic
Identify specific pollutants, if known
6A natural or man -made discontinuity m the OH WM does not necessarily sever jurisdiction (e g , where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e g , flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
'Ibid

(iv) Biological Characteristics Channel supports (check all that apply)
® Riparian corridor Characteristics (type, average width) Wooded, --120'
❑ Wetland fnnge Characteristics
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fisli/spawn areas Explain findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
2 Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW
(i) Physical Characteristics
(a) General Wetland Characteristics
Properties
Wetland size 0 81 acres
Wetland type Explain Hardwood wetland
Wetland quality Explain Good
Project wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non -TNW
Flow is rghemeralfiow Explain During periods of heavy rainfall, water will sheetflow to downslope wetlands
Surface flow is R yerlandshoe"&eiv
Cik
Characteristics
Subsurface flow U = n Explain findings
❑ Dye (or other) test performed
(c) Wetland Adlacencv Determination with Non -TNW
❑ Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection Explain
❑ Ecological connection Explain
❑ Separated by berm /bamer Explain
(d) Proximity (Relationship) to TNW
Project wetlands are `2 river miles from TNW
Project waters are =2 aeria] (straight) miles from TNW
Flow is from Wetiaiideto navi able waters
Estimate approximate location of wetland as within the yearor greater, floodplam
(u) Chemical Characteristics
Characterize wetland s }stem (e g, water color is clear, brown, oil film on surface, water quality, general watershed
characteristics, etc ) Explain Water is clear
Identify specific pollutants, if known
(in) Biological Characteristics Wetland supports (check all that apply)
❑ Ripanan buffer Characteristics (type, average width)
❑ Vegetation type /percent cover Explain
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish/spawn areas Explain findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
3 Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis 9
Approximately ( 0 81 ) acres in total are being considered in the cumulative analysis

For each wetland, specify the following
Di ectly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
N 0 12 N 068
Summarize overall biological chemical and physical functions being performed
C SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow char acteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological mtegnty
of a TNW For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological mtegnty of a TNIh
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and fi equency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e g between a
tributary and its adjacent wetland or between a tributary and the TNW) Similarly, the fact an adjacent wetland bes within or
outside of a floodplam is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook Factors to consider include, for example
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below.
1 Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III D
2 Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III D
3 Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III D
D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERSIW ETLANDS ARE (CHECK ALL
THAT APPLY)
1 TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area
t TNWs linear feet width (ft), Or, acres
W Wetlands adjacent to TNWs 42 01 acres
2 RPWs that flow directly or indirectly into TNWs
Q Tributaries of TNWs where tributaries typically flow year -round are jurisdictional Provide data and rationale indicating that
tributary is perennial
pTnbutanes of TNW where tributaries have continuous flow "seasonally" (e g, typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows
seasonally

Provide estimates forjunsdictional waters in the review area (check all that apply)
Tributary waters linear feet width (ft)
bOther non - wetland waters acres
Identify type(s) of waters
Non -RPWs8 that flow directly or mdirectly into TNWs
El that is not a TNW or an RPW, but flows directly or indirectly into a TNW and it has a significant nexus with a
TNW isjunsdictional Data supporting this conclusion is provided at Section III C
Provide estimates foi jurisdictional waters within the review area (check all that apply)
Q Tributary waters linear feet width (ft)
Other non- wetland waters acres
Identify type(s) of waters
Wetlands directly abutting an RPNV that flow directly or indirectly into TNTNAs
F3 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
El Wetlands directly abutting an RPW where tributaries typically flow year -round Provide data and rationale
indicating that tributary is perennial in Section III D 2, above Provide rationale indicating that wetland is
directly abutting an RPW
El Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary is
seasonal in Section III B and rationale in Section III D 2, above Provide rationale indicating that wetland is directly
abutting an RPW
Provide acreage estimates for junsdictional wetlands in the review area acres
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNW&
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are junsidictional Data supporting this
conclusion is provided at Section III C
Provide acreage estimates for junsdictional wetlands in the review area 0 81 acres
Wetlands adjacent to non -RPWs that flow directly or mdrrectly into TNWs.
V1 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are junsdictional Data supporting this
conclusion is provided at Section III C
Provide estimates for junsdictional wetlands in the review area acres
Impoundments of jurisdictional waters 9
As a general rule, the impoundment of a junsdictional tributary remains jurisdictional
Demonstrate that impoundment was created from "waters of the U S "or
Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or
Demonstrate that water is isolated with a nexus to commerce (see E below)
ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY) to
which are or could be used by interstate or foreign travelers for recreational or other purposes
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce
which are or could be used for industrial purposes by industries in interstate commerce
p Interstate isolated waters Explain
[� Other factors Explain
Identify water body and summarize rationale supporting determination
'See Footnote # 3
To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook
10 Prior to asserting or declining C WA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CN'A Act Jurisdiction FoUmvuig Rapanos

Provide estimates forjunsdictional waters in the review area (check all that apply)
El Tributary waters linear feet width (ft)
ID Other non - wetland waters acres
Identify type(s) of waters
Q Wetlands acres
F NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY)
Q If potential wetlands were assessed within the review area these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements
[Q Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce
❑ Prior to the Jan 2001 Supreme Court decision in "SUAAACC,' the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR)
Q Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction Explain
Other (explain, if not covered above)
Provide acreage estimates for non- lunsdictional waters in the review area, where the sole potential basis ofjunsdiction is the MBR
factors (i e , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply)
Non- wetland waters (i e , nvers, streams) linear feet width (ft)
Lakes /ponds acres
Other non - wetland waters acres List type of aquatic resource
Wetlands acres
Provide acreage estimates for nonyunsdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply)
Non - wetland waters (i e , rivers, streams) linear feet, width (ft)
Lakes /ponds acres
Other non - wetland waters acres List type of aquatic resource
�] Wetlands acres
SECTION IV DATA SOURCES
A SUPPORTING DATA Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below)
10 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant Field Sketch of Wetlands
Data sheets prepared /submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets/delmeation report
❑ Office does not concur with data sheets /delineation report
Data sheets prepared by the Corps
' Corps navigable waters' study
U S Geological Survey Hydrologic Atlas
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
U S Geological Survey map(s) Cite scale & quad name Bolivia, Lockwoods Folly 124,000
USDA Natural Resources Conservation Service Soil Survey Citation Soil Survey of Brunswick Co
hl National wetlands inventory map(s) Cite name
State/Local wetland inventory map(s)
" FEMA/FIRM maps
100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929)
Photographs ® Aerial (Name & Date) ESRI World Imagery
or ❑ Other (Name & Date)
Previous determination(s) File no and date of response letter 2006 - 00298, Signed Map, Nationwide Permit
Applicable /supporting case law
Q Applicable /supporting scientific literature
El Other information (please specify)
B ADDITIONAL COMMENTS TO SUPPORT JD