20230379 Ver 1_Whiskey Branch PCN with Attachments 4-27-23_20230427

DWR
DlOM— at %Vmer Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN % 20Help / 20File / 202018-1-30.pdf
A. Processing Information
Pre -Filing Meeting Date Request was submitted on:
2/7/2023
If this is a courtesy copy, please fill in this with the submission date.
Is this project connected with ARPA funding?"
Yes No
County (or Counties) where the project is located:"
New Hanover
Is this a NCDMS Project"
Yes No
Click Yes, only if NCDMS is the applicant or co -applicant.
DO NOT CHECK YES, UNLESS YOU ARE DMS OR CO -APPLICANT.
Is this project a public transportation project?"
Yes No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
1a. Type(s) of approval sought from the Corps:"
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?"
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?"
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
List all NW numbers you are applying for not on the drop down list.
1d. Type(s) of approval sought from the DWR:*
check all that apply
0 401 Water Quality Certification - Regular
❑ Non-404 Jurisdictional General Permit
❑ Individual 401 Water Quality Certification
29 - Residential Developments
le. Is this notification solely forthe record because written approval is not required?
401 Water Quality Certification - Express
Riparian Buffer Authorization
For the record only for DWR 401 Certification: 0 Yes No

For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application?"
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
- Yes No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
FILE TYPE MUST BE PDF
1 h. Is the project located in any of NC's twenty coastal counties?"
Yes No
1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?"
Yes No Unknown
1j. Is the project located in a designated trout watershed?"
Yes No
Link to trout information: hftp://www.saw.usace.army.miVMissions/Regulatory-Permit-PrograrrVAgency-Coordinationfrrout.aspx
B. Applicant Information
la. Who is the Primary Contact?"
Dana Lutheran
1c. Primary Contact Phone:"
1b. Primary Contact Email:" (mx)cxx-xxxx
[e-mail] [phone]
1d. Who is applying for the permit?"
Q Owner Applicant (other than owner)
(Check all that apply)
le. Is there an Agent/Consultant for this project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:"
WNDP #2, LLC and Dry Pond Partners, LLC (see Appendix A)
2b. Deed book and page no.:
6583/2214 and 6583/2193
2c. Contact Person:
(for Corporations)
Mr. Hill Rogers
2d.Address*
Street Address
PO Box 3649
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28406
Us
2e. Telephone Number."
(xxx)cxx-xxxx
[phone]
2f. Fax Number:
(xxx)cxx-xxxx
2g. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:"
Dana Lutheran

4b. Business Name:
(if applicable)
Southern Environmental Group, Inc. (SEGi)
4c. Address"
Street Address
5315 South College Road
Address Line 2
Suite E
city
Wilmington
Postal / Zip Code
28412
4d. Telephone Number:"
[phone]
(xxx)cxx-xxxx
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Project Information
la. Name of project:"
Whiskey Branch Phase 2
1b. Subdivision name:
(if appropriate)
Whiskey Branch
1c. Nearest municipality / town:"
Wilmington
2. Project Identification
State / Province / Region
INC
Country
US
4e. Fax Number:
(xxx)cxx-xxxx
2a. Property Identification Number:
2b. Property size:
(tax PIN or parcel ID)
(in acres)
R07100-004-004-000, 025, 026, 027
68 +/-
2c. Project Address
Street Address
South College Road
Address Line 2
City
State / Province / Region
Wilmington
INC
Postal / Zip Code
Country
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude:" Longitude:"
34.156249-77.881178
ex: 34.208504-77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Whiskey Creek
3b. Water Resources Classification of nearest receiving water:"
SA,HQW
Surface Water Lookup
3c. What riverbasin(s) is your project located in?"
White Oak
3d. Please provide the 12-digit HUC in which the project is located."
030203020502

River Basin Lookup
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:"
The project site has been cleared of underbrush and most large trees, and grading of roads and the installation of stormwater BMP and utilities are in the preliminary stages. Residential is
the primary land use in the vicinity of the project. There is a large ditch (RPW) that separates Phase 1 from Phase 2, otherwise there are no jurisdictional wetlands within the project limits
(see attached Wetland Impact Map for details of the RPW).The culvert and energy dissipater, at Impact Area 1, have been in place for years and were previously
authorized. However, during the application process, the culvert aand dissipater, at Impact Area 2, were installed without authorization.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?"
OO Yes O No O Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
The first phase of the project required permanently filling 0.015 AC of RPW/Ditch. The impact was authorized under SAW-2015-01893. SEGi could not locate a copy of the permit. A 401
WQC was not necessary.
4f. List the total estimated acreage of all existing wetlands on the property:
0.57 AC of jurisdictional ditches
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
4h. Explain the purpose of the proposed project:"
The purpose of this project is to install three (3) road crossings across a jurisdictional ditch, which will provide access to the Phase 2 of the subdivision (see attached Wetland Impact Map
for details).
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The project will entail installing three (3) RCP culverts ranging from 42" to 60" in diameter, with associated energy dissipators on the downstream side, at each of the proposed RPW
crossing areas (1-3). Impact Area 1, which currently has an existing road crossing, will be shifted to align with the subdivision road layout and will require 2 - 48" x 85' and 1 - 60" x 85'
RCP, with a 30' x 5' rip rap dissipater. This area will require permanently filling 0.005 AC of RPW/Ditch. Impact Area 2, will require 2 - 42" x 60' RCP, with a 29' x 5' rip rap dissipater. This
impact area encompasses 0.01 AC of RPW/Ditch. And, Impact Area 3 will require 2 - 42" x 160' RCP, with a 29' x 5' rip rap dissipater. This area will require permanently filling 0.02 AC
of RPW/Ditch. In total, Phase 2 will permanently impact 0.035AC of RPW/Ditch. Lastly, 75 SF (0.002 AC) of RPW/Ditch will be restored, at Impact Area 1, once the road has been
completed. The area will be returned to its original grade and contour. Please see attached site plan for details of the proposed work.
Heavy machinery, such as backhoes, dump trucks, and bulldozers will be utilized during the installation of the culverts. Work will only take place during dry times and will not take place
within or after 24 hours of rain event that is forecasted to produce or produces more than 1" of rain within a 24 hour period. Water will be held back during the installation of the culverts.
Once installed, the water will be released at a non -erosive rate.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
OQ Yes
Comments:
No
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
O Preliminary U Approved U Not Verified (_) Unknown O N/A
Corps AID Number:
Example: SAW-2017-99999
SAW-2015-01893
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR.
01 /07/20
6. Future Project Plans
6a. Is this a phased project?"
Yes O No
6b. If yes, explain.
This is the second phase of the project. The first phase required permanently filling 650 SF / 0.015 AC of RPW/ditch (i.e., Impact Area 1 on the proposed plan). The impacts proposed in
this application are all that are needed to complete Phase 2 and the last phase of the development. Cumulatively, the project will have permanently impacted 0.05 AC of RPW/Ditch.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
Impact Area 1 was previously approved, but will be modified/shifted to align with the subdivision road layout, thus requiring additional impact, at that location. Sewer and water connections
were available off College Road and did not require impacting wetlands for hookup.
D. Proposed Impacts Inventory
U
1. Impacts Summary

la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
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.
4a1. Impact Reason
4b. Impact type" (?>
�4c. Name of waterbody (?)
4d. Activity type"
4e. Waterbody type"
4f. Impact
area
Impact Areal
Road Crossing
P
NA
Fill
Ditch
0.005
(acres)
ImpactArea2
Road Crossing
P
NA
Fill
Ditch
0.01
(acres)
Impact Area 3
Road Crossing
P
NA
Fill
Ditch
0.02
(acres)
4g. Total temporary open water Impacts:
0.00
4g. Total permanent open water impacts:
0.035
4g. Total open water impacts:
0.035
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:"
The Applicant had the project site delineated for wetlands, prior to designing the layout of the subdivision. The subdivision was designed to only cross
the RPW/Ditch three times, for access to the new phase. The crossings were oriented to cross a close to perpendicular to the RPW/Ditch as possible.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:"
Prior to commencing with land disturbing activities, silt fence and other sediment and erosion control BMPs were installed, to ensure sediment does not
leave the limits of disturbance. Furthermore, the work within the RPW will not take place within 24 hours of a storm event that produces more than 1" of
rainfall within 24 hour period.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
O Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Compensatory mitigation is not required for ditch impacts.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes , No
For a list of options to meet the diffuse flow requirements, click here.

If no, explain why:
The project is not with one of NC's Riparian Buffer River Basins.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?"
C Yes No
To look up low density requirement click here 15A NCAC 02H .1003(2).
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?"
Yes No
0 N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented storm —ter programs or projects that satisfy state or local ly� mplemented stormwater programs through use of community in4ieu programs should answer
no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply):"
Q Local Government G State
If you have a local government approval please include the SMP on their overall impact map.
Local Government Stormwater Programs"
Phase II
NSW
USMP
Water Supply
Please identify which local government stormwater program you are using."
New Hanover County
State Stormwater Programs"
Phase II
Coastal Counties
HWQ or ORW
Other
Comments:
This project will be a high density development, where runoff is collected and treated, prior to discharging off -site. Those permits have been issued.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?"
Q Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?"
Yes No
3b. If you answered "no," provide a short narrative description.
This project will not provide access to a currently landlocked property. Additionally, the utilization of SREC and stormwater BMP should ensure sediment
and other contaminants are discharged into downstream receiving waters. Cumulatively, the project will have permanently impacted 0.05 AC of
RPW/Ditch.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
QQ Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
CFPUA
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

5d. Is another Federal agency involved?"
Yes No
5e. Is this a DOT project located within Division's 1-8?"
Q Yes N No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?"
Yes No
5g. Does this project involve bridge maintenance or removal?"
C Yes No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?*"
Yes no No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?"
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?"
The project site has already been cleared of most underbrush and larger trees. Roads and utilities are currently being installed, thus further evaluation
was not warranted.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?"
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?"
The project does not abut or contain a waterbody that would support EFH.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http_//gis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust
designation or properties significant in North Carolina history and archaeology)?"
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
The N.C. State Historic Preservation Office HPOWEB GIS Service was reviewed. The project site is not located within an area designated as a National
Historic Place, and there are no structures on the subject property. Furthermore, the SHPO issued a letter of no concern, when permitting the Phase 1
(see both the SHPO GIS Map and previously issued letter attached).
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8c. What source(s) did you use to make the floodplain determination?*
New Hanover County GIS Flood Map
Miscellaneous
Comments
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Whiskey Branch PCN Attachments 4-27-23
File must be PDF or KMZ
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• have given true, accurate, and complete information on this form;
• agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"),

• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"),
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature, AND
I intend to electronically sign and submit the PCN form.
Full Name:"
Dana A. Lutheran
Signature"
Date
4/27/23

` F_G1
Whiskey Branch Phase 2
Wilmington, New Hanover County, NC
Pre -Construction Notification Attachments
Applicant:
Dry Pond, LLC
PO Box 3649
Wilmington, NC 28406
Consultant.
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
Date:
27 April 2023

Whiskey Branch Phase 2 PCN Attachments 3-7-23 , )L CI i
Table of Contents
Attachment
Description
I
Whiskey Branch Wetland Impact Map
2
New Hanover County GIS Aerial Photograph
3
Division of Water Resources Water Classification Map
4
USACE Jurisdictional Determination
5
Previously Authorized Impact Maps
6
New Hanover County GIS Flood Map
7
NC SHPO HPOWEB 2.0 Map

Whiskey Branch Phase 2 PCN Attachments 3-7-23 SL CI i
Attachment 1
Whiskey Branch Phase 2 Wetland impact Map

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Attachment 2
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Attachment 3
NC DWR Water Classification Map
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Surface 1Na#e� Classifications:
Stream index: 18-87-28
Stream Name: Whiskey Creek (Purvia nce
Description:
Classification:
Date of Class.:
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5

Whiskey Branch Phase 2 PCN Attachments 3-7-23 , )LCii
Attachment 4
Whiskey Branch Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2015-01893 County: New Hanover U.S.G.S. Quad: NC- Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Dry Pond Partners LLC
Bruce Cameron
Address: PO Box 3649
Wilmington, NC 28406
Agent: Southern Environmental Group Inc
David Scibetta
5315 S College Road
Suite E
Wilmington, NC 28412
Size (acres) 64.2 Nearest Town Wilmington
Nearest Waterway Whiskey Creek River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.15975
Longitude:-77.88890
Location description: Property is located south of Weybridge Lane and bordered to the west by South College Road and the
south by Mohican Trail in Wilmington, New Hanover, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑X The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated 12/11/2020.

SAW-2015-01893
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/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.
© 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 in Wilmington, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Rachel Cayito at (910)-251-4487 or
Rachel.A.0 anito( )usace.armv.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 01/07/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 03/07/2020.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
CAPITOAACHEL.AN Digitally signed by
CAPFO.ACHELANN.1536276790Corps Regulatory Official: N.1536276790 Date: 2021.01.0712s0:11-0500'
Date of JD: 01/07/2020 Expiration Date of JD: 01/05/2025

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL AL
Applicant: Dry Pond Partners LLC, Bruce Cameron File Number: SAW-2015-01893
Date: 01/07/2020
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑X
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/ReaulatoryProgramandPenuits.aspx
or ft Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Aduimlstrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Aduimlstrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

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

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
Fp' NAVIGABLE WATERS PROTECTION RULE
I. ADMINISTRATIVE INFORMATION
Completion Date of Approved Jurisdictional Determination (AJD): 01/07/2020
ORM Number: AW-2015-01893
Associated JDs: N/A or ORM numbers and identifiers (e.g. HQS-2020-00001-MSW-MITSITE).
Review Area Location': State/Territory: NC City: Wilmington County/Parish/Borough: New Hanover
Center Coordinates of Review Area: Latitude 34.15975 Longitude
II. FINDINGS
A. Summary: Check all that apply. At least one box from the following list MUST be selected. Complete the
corresponding sections/tables and summarize data sources.
❑ The review area is comprised entirely of dry land (i.e., there are no waters or water features, including
wetlands, of any kind in the entire review area). Rationale: N/A or describe rationale.
❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the
review area (complete table in Section 11.13).
❑x There are "waters of the United States" within Clean Water Act jurisdiction within the review area
(complete appropriate tables in Section II.C).
* There are waters or water features excluded from Clean Water Act jurisdiction within the review area
(complete table in Section II.D).
B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2
10 Name
§ 10 Size
§ 10 Criteria
Rationale for § 10 Determination
N 1
�1, N/A
C. Clean Water Act Section 404
Territorial Seas and Traditional Navigable Waters a 1 waters :3
a 1 Name
a 1 Size
a 1 Criteria
Rationale fora 1 Determination
Tributaries a 2 waters):
(a)(2) Name
(a)(2) Size
(a)(2) Criteria
Rationale fora 2 Determination
Jurisdictional
2,463
linear
(a)(2) Perennial
Feature is a portion of Whiskey Creek which further
crib
feet
tributary
downstream transitions into a TNW
contributes
surface water
flow directly or
indirectly to an
(a)(1) water in a
typical year.
' Map(s)/figure(s) are attached to the AJD provided to the requestor
z If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Rivers and Harbors Act Section 10 navigable waters list, do
NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors
Act Section 10 navigability determination.
s A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment ofriver
or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand-alone TNW determination should be
completed following applicable guidance and should NOT be documented on the AJD Form.
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
Fp' NAVIGABLE WATERS PROTECTION RULE
Lakes and ponds, and impoundments of jurisdictional waters ((a)(3 waters):
a 3 Name
a 3 Size
a 3 Criteria
Rationale fora 3 Determination
N/A
N/A I
N/A.
N/A.
Adjacent wetlands ((a)(4) waters):
(a)(4) Name
(a)(4) Size
(a)(4) Criteria
Rationale fora 4 Determination
D. Excluded Waters or Features
Excluded waters b)(1) — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool.
Ditcr.
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 3
222
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 4
313
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 5
142
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 6
1319
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 7
199
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so.
Corps districts may, in case -by -case instances, choose to identify some or all of these waters within the review area.
5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-
categories of (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub -categories are not new exclusions, but are simply
administrative distinctions and remain (b)(1) exclusions as defined by the NWPR
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
Excluded waters b 1 — b 12 :4
Exclusion Name
Exclusion Size
Exclusions
Rationale for Exclusion Determination
stream, swale,
gully, rill, or pool
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
ditch 9
376
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 10
240
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 12
181
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 13
189
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 14
556
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 15
597
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 16
99
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Ditch 17
99
Linear
(b)(3) Ephemeral
Ditch does not meet the definition of WOTUS
feet
feature, including
and likely we dug prior to 1993
an ephemeral
stream, swale,
gully, rill, or pool
Page 2 of 2 Form Version 10 June 2020 updated

U.S. ARMY CORPS OF ENGINEERS
REGULATORY PROGRAM
APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM)
NAVIGABLE WATERS PROTECTION RULE
III. SUPPORTING INFORMATION
A. Select/enter all resources that were used to aid in this determination and attach data/maps to this
document and/or references/citations in the administrative record, as appropriate.
❑x Information submitted by, or on behalf of, the applicant/consultant: 2015 Admin File
This information sufficient for purposes of this AJD.
Rationale: N/A or describe rationale for insufficiency (including partial insufficiency).
❑ Data sheets prepared by the Corps: Title(s) and/or date(s).
❑x Photographs: Aerial: 2020 NC Statewide Orthoimagery
❑ Corps site visit(s) conducted on: Date(s).
❑x Previous Jurisdictional Determinations (AJDs or PJDs):
❑ Antecedent Precipitation Tool: provide detailed discussion in Section 111.B.
C USDA NRCS Soil Survey: New Hanover County
C USFWS NWI maps: Title(s) and/or date(s).
C USGS topographic maps: Title(s) and/or date(s).
Other data sources used to aid in this determination:
Data Source select
Name and/or date and other relevant information
USGS Sources
ivies.
USDA Sources
N/A.
NOAA Sources
N/A.
USACE Sources
N/A.
State/Local/Tribal Sources
N/A.
Other Sources
N/A.
B. Typical year assessment(s): N/A or provide typical year assessment for each relevant data source used
to support the conclusions in the AJD.
C. Additional comments to support AJD: VA or provide additional discussion as appropriate.
Page 2 of 2 Form Version 10 June 2020 updated

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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Gos cmar Roy Cooper
Secretary Susi 11. 1larnilton
September 12, 2017
Dana A. Lutheran dlutheranga,segi.us
Sothern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office of Archives and I listory
Deputy Secretary Kevin Cherry
Re: Subdivision development, 5061 South College Road, Wilmington, ER 17-1614
Dear Ms. Lutheran:
Thank you for your letter of August 21, 2017, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be
affected by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the
above -referenced tracking number.
Sincerely,
0�". —W,
_amona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]o/807-6599