20070156 Ver 4_Individual_20080118

LMG
LAND MANAGEMENT GROUP ANC.
Environmental Consultants
~~
January 16, 2008
TO: Mr. Kyle Barnes
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
RE: Nationwide Permit 27 Application
Cutter Creek Plantation; Greene County, NC; Action ID# 200702828; DWQ#20070156
Mill Run Development Group, LLC
Dear Kyle:
Enclosed is a Nationwide Permit 27 application for your review. This application is submitted on behalf
of Mill Run Development Group, LLC. The applicant is proposing to construct a mitigation project that will be
used to offset impacts at the Cutter Creek Plantation site in Greene County, NC. The 100-acre mitigation site is
adjacent to Mussel Run and contains 2,700 if of farm ditches, some of which have been classified as an
intermittent stream by NC DWQ. The applicant is proposing to improve the system by relocating 1,100 LF of
the ditches and laying back the banks of 1450 LF of the ditches. Approximately 200 feet on either side of the
channel will be planted with native species.
The application form, mitigation plan, associated maps, and site plan are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.
Sincerely,
~~ .
Kim Williams
Encl. U (~~~~~~ D
C: Mr. Scott Jones, ACOE JAN 1 8 2008
Mr. J,an McMillan, DWQ
lei-. fuzz Shackelford, Mill Run Development, LLC DENF2- WATEk pur~ui~
'. Tyndall Lewis WETLANDS AND 5TORMWATEk BRAN(aFi
www.lmgroup.net • [e-mail] • Phone: [phone] Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

LMG
LAND MANAGEMENT GROUP irrc.
Environmental Consultants
January 16, 2008
TO: Mr. Scott Jones
U.S. Army Corps of Engineers
P.O. Box 1000
Washington, NC 27889-1000
RE: Nationwide Permit 27 Application
Cutter Creek Plantation; Greene County, NC; Action ID# 200702828; DWQ#20070156
Mill Run Development Group, LLC
Dear Scott:
Enclosed is a Nationwide Permit 27 application for your review. This application is submitted on behalf
of Mill Run Development Group, LLC. The applicant is proposing to construct a mitigation project that will be
used to offset impacts at the Cutter Creek Plantation site in Greene County, NC. The 100-acre mitigation tract
is adjacent to Mussel Run and contains 2,700 if of farm ditches, some of which have been classified as
intermittent stream by DWQ. The applicant is proposing to improve the system by relocating 1,100 LF of the
ditches and laying back the banks of 1450 LF of the ditches. Approximately 200 feet on either side of the
channel will be planted with native species.
The application form, project narrative, associated maps, and site plan are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.
Sincerely,`
~_ ~1
Kim Williams
Encl
C: Mr. Kyle Barnes, DWQ
Mr. Ian McMillan, DWQ
Mr. Buzz Shackelford, Mill Run Development, LLC
Mr. Tyndall Lewis
www.lmgroup.net • infoC~?Imgroup.net Phone: [phone] Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

Office Use Only' Form Version March OS
USACE Action ID No. DWQ No. O `1 - O 1 5 to V ~'
r,. , ,
(If any particular item ~s not app-~cable to tnts project, please en~er ivvi riYYucav,c ~~ ~~~~ •~
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 27
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^ ~~
o ~~~Q p
II. Applicant Information JAN 1 8 2008
1. Owner/Applicant Information
Name: Mr. Buzz Shackelford pENit-WATERuU~ ~R
WETWruS~~~..,
Mailing Address: Mill Run Development Group
P.O. BOX 68
Hookerton NC 28538
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kim Williams
Company Affiliation: Land Management Group Inc
Mailing Address: PO Box 2522
Wilmington NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: kwilliams(c~lm~roup net
Updated 11/1/2005
Page 5 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect. to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Miti¢ation Site for Cutter Creek Plantation
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Greene Nearest Town: Hookerton
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, take
40 W to 41/241 N to 11 N In Kinston take 58 W Turn right onto 123 N. Go through
Hookerton and then turn right onto Creek Road Turn left to stav on Creek Road. Site is
located on left (see vicinit~a~)
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.4489 °N 77.5579 °W
6. Property size (acres): 100 acres
7. Name of nearest receiving body of water: Mussel Run
8. River Basin: Neuse River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http•//h~o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently in af7ricultural production. Surrounding
land use consists of residential agriculture or forested land.
Updated 11/1/2005
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: The
banks of 1450 LF of existing ditches (intermittent stream) will be laid back to forma 3:1
slope In addition 1 100 LF of the ditches will be filled and relocated to provide a connection
between two small manmade ponds on the property The relocated feature will vary in depth
from 1-2' and will be designed to enhance the biological function of the ponds. Backhoes,
bulldozers and dump trucks will be used to grade the new channel. Finally, 325 LF of new
channel will be formed Approximately 200 feet on either side of the channel will be planted
with native species
11. Explain the purpose of the proposed work: The~urpose of the proposed work is to provide
mitigation for the Cutter Creek Plantation site.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Kyle Barnes with DWQ determined the ditch was an intermittent stream.
This site is being used as mitigation for the Cutter Creek Plantation which proposes impacts to
0 025 acres of 404 wetlands 2550 linear feet of perennial stream (fill 394 LF for dam, fill/culvert
102 LF for road crossing and flood 2054 LF for lake) 0.170 acre of Waters of the US for roads
and lot development and 0 61 acres of Zone 1 riparian buffer. These impacts were requested in
an Individual Permit application A 401 Water Quality Certification was issued for these impacts
(DWQ#20070156) The Corps permit is still being processed (Action ID# 200702828).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional wetland or stream impacts are anticipated on this site or Cutter Creek Plantation.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Updated l1/1/2005
Page 7 of 12

1. Provide a written description of the proposed impacts: Mitigation activities will impact 2550
LF of intermittent stream that has an average width of 5 feet (approx. 0.292 ac).
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
cPnaratPly lict imnartc r1~iP to tenth Cti'l]Ctllre and flOOdln>?.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A

Total Wetland Impact (acres) N/A
3. List the total acreage (estimated) of all existing wetlands on the property: none
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
mnct he inrhirlerl Tn caln„tarp acreage_ multiply length X width. then divide by 43.560.
Stream Impact
Number
(indicate on map)
Stream Name _
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
1 UT to Mussel Run Fill/Relocation Intermittent 5' 1100 0.126
2 UT to Mussel Run Lay Back Slopes Intermittent 5' 1450 0.166

Total Stream Impact (by length and acreage) 2550 0.292
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fll asrravatinn r1rPrlaina flnnrlinv rlrainaue_ hulkheads_ etc.
Open Water Impact
Site Number
(indicate on map) ~ ~
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
)
ocean, etc. Area of
Impact
( )
acres
N/A

Total Open Water Impact (acres) N/A
Updated 1l/1/2005
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
8.
Stream Impact (acres): 0.292
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): 2550
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. No wetland impacts are
proposed This site will i fact 2550 if of intermittent stream (0 292 ac) in order to provide a
higher functionin cg onveyance In addition 5.8 acres of stream buffer will be created.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 1501inear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
Updated l l/1/2005
Page 9 of 12

necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http•//h~o enr.state.nc.us/ncwetlands/strm~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
In light of the net benefit of this project to the water quality of Mussel Run no mitigation for
impacts to the intermittent stream is proposed
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http•//h2o enr.state.ne.us/wrp/index.ht111. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Updated Il/1/2005
Page 10 of 12

Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional ZO feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. This is a buffer mitigation project.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. No impervious cover is existing or proposed.
XII. Sewage Disposal (required by DWQ)
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.
No wastewater will be ;venerated from this project
Updated ll/1/2005
Page I 1 of 12

XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The
proposed protect is a buffer mitigation protect The protect will not provide connections or
utilities to other tracts.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
~ i~ o~
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorisation letter from the applicant is provided.)
Updated ll/1/2005
Page 12 of 12

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Sincerely.
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Cutter Creek Plantation
Greene County, NC
DWQ Project # 07-0156
Action ID# SAW-2007-02828
Neuse Buffer Mitigation Plan
Prepared by:
Land Management Group, Inc.
Wilmington, NC
Prepared for:
Mill Run Development Group, LLC
Greene County, NC
December 2007

Cutter Creek Development
Neuse Buffer Mitigation Plan
I. Introduction
The proposed Cutter Creek development is located along the southern boundary of Rainbow Creek
in Greene County. The tract is approximately 624 acre and is located within the Neuse River
watershed (HUC# 03020203). Rainbow Creek is a large second order tributary of Contentnea
Creek which drains into the Neuse River approximately 14 miles southeast of the site. A majority
of the land within these watersheds is used for agriculture production which has contributed to the
decline in overall water quality over the past several decades.
At the present time, the applicant has submitted a permit application requesting 2,550 linear feet
(If) of stream impact that would occur as a result of golf course construction which includes a 10.5
acre lake planned for the central portion of the property. Permanent buffer impacts of
approximately 0.61 acres are also proposed as part of the lake construction. Site visits by both the
US Army Corps of Engineers and NC Division of Water Quality have confirmed jurisdiction over the
feature in question. As of a result of this determination, the applicant retained Land Management
Group, Inc. to assist with the development of a buffer mitigation plan that will satisfy current
mitigation guidelines published by both the USACOE and NC DWQ.
II. Current Site Conditions
Overall, a majority of the site (-400 acres) has been actively farmed for the past several decades.
Planted crops included tobacco, soybeans, corn, and cotton. While all of these commodity crops
require regular amendments of fertilizer and herbicide, cotton requires the largest amounts on
average and most likely had the greatest impact on water quality within Rainbow Creek. In
addition to the farming activities, a fertilizer production plant is also currently located within the
property. This plant focuses primarily on nitrogen-based fertilizers and contains large amounts of
the concentrated nutrient and other hazardous chemicals on-site. The applicant will be closing this
facility and relocating production during the course of the proposed development.
The stream feature that would be impacted by the proposed lake is located in the central portion of
the property antl is a first order tributary of Rainbow Creek. Approximately 1,200 linear feet (If) of
this proposed impact would take place in areas that have been channelized to improve agriculture
drainage. The areas have no vegetated buffer and likely support little aquatic life during periods of
normal rainfall. The remaining 1,300 If of stream maintains a vegetated buffer of 130'-150' and
more natural plan and profile typical of Coastal Plain streams in this area. As a result of the
existing buffer and limited channelization, this section likely supports a higher degree of ecological
function than the upper portions of the tributary.

III. Proposed Mitigation
a. Neuse Buffer Mitigation
Several parcels throughout the Greene County area were reviewed to determine if any potential
restoration projects could be initiated. A parcel located on the eastern side of Mussel Run was
chosen as a possible restoration site (Figures 1-4). The parcel is approximately 100 acres in size
and contains 2,700 If of farm ditches. These ditches have been dug throughout the floodplain of
Mussel Run to enhance drainage in the surrounding farm fields. According to historic aerial
photography, these ditches have been in existence since the mid 1960's. A majority of this
floodplain is mapped as a Johns sandy loam series by NRCS soil scientists. These soils typically
maintain seasonal high water tables at or near the surface for a significant duration.
These ditches have little to no vegetated buffer (<10') throughout the property. Depths average 4-
6' and widths vary from 3-4', with little to no sinuosity observed. The feature has been channelized
and is directly connected to Mussel Run. According to the property owner, this feature transports
water an average of 6 months a year. This is supported by the existence of bank scour areas and
a normal high water line throughout the reach.
Buffer restoration is proposed in a 200' corridor directly adjacent to the 2,700 linear feet of existing
ditches (Figure 5). Approximately 2,100 of the existing ditch will be filled and relocated to provide a
connection between two small ponds on the property. The relocated feature will vary in depth from
1-2' and will be designed to enhance the biological function of the ponds. At the present time, the
existing ponds are sparsely vegetated and have steeply sloped banks. These banks will be graded
to a more gentle 3:1 slope during construction to provide a more stable bank for planting of bald
cypress (Taxodium distichum) and swamp black gum (Nyssa biflora). These species will be
planted throughout both pond areas, which total 1.2 acres.
Outside of the pond areas, a 50' buffer totaling 5.8 acres, will be planted with a mixture of native
hardwood seedlings including Atlantic white cedar (Chamaecyparis thyoides), river birch (Betula
nigra), and green ash (Fraxinus pennsylvanica) at a density of 600 stems per acre. Grading within
the remaining portions of the agriculture drainage ditch will also take place to create a 3:1 slope
throughout the entire project area. An additional 350' swale will also be created to expand the
planting into frequently flooded portions of the farm field, providing a total of 3,600 If of buffered
channel. Overall, this acreage is designed to provide compensatory mitigation for the buffer
impacts in Zone 1 currently proposed as part of the lake construction process. The restored
acreage represents a final mitigation ratio of greater than 9:1.
While the buffer will be planted with wetland species and will likely experience periods of
inundation, the designed channel will have a lateral drainage effect ranging from 40-75' based on
NRCS guidelines. By providing artificial drainage within this corridor, on-site conditions will remain
consistent with current guidelines regarding buffer restoration projects. These guidelines
differentiate between the hydrology found in restored wetland systems and riparian buffers which
correlate to changes in seasonal high water tables levels.

b. Coastal Plain Headwater Wetland Restoration
In addition to the 7.0 acres, an additional 150' buffer planting totaling 19.4 acres, will also be
established on the property. This area will mimic a Coastal Plain Headwater wetland system which
contains a similar plant assemblage as the initial 50' buffer, but will utilize species such as tulip
poplar (Liriodendron tulipifera) and water oak (Quercus nigra) in areas of higher landscape
position. Headwater systems are typically associated with the upper reaches of the watershed and
contain a mixture of ephemeral and intermittent drainage features. In this project, the drainage will
be established through the realignment of the existing ditch network within the property. The
reestablished channels will vary in depth from 1-2', connecting the restored cypress/gum pond
areas and eventually draining to Mussel Run.
Through the reduction of the cross-sectional area of the existing ditch network, both the frequency
and duration of flooding events will increase throughout the 200' wide buffer area. As a result,
wetland functions will improve, reducing both chemical and sediment pollution within the
watershed.
The final stage of the proposed mitigation plan will establish a 10 ac. plot directly adjacent to the
buffer and Mussel Run which will be planted in characteristic hardwoods as part of the
Conservation Reserve Enhancement Program (CREP) administered by the Farm Service Agency.
This program requires that the land be kept out of cultivation for a minimum of 10 years following
planting.
The project also coincides with a 26 acre buffer restoration project that was supervised by Land
Management Group, Inc. on the western side of Mussel Run. This project was approved the NC
Ecosystem Enhancement Program (NCEEP) and is currently in the second year of annual
monitoring. Hardwood seedlings such as American sycamore and green ash have already
exceeded 12' in height and survivorship throughout the site has exceeded project goals. Plantings
throughout the proposed buffer project will follow a similar methodology and community type.
If implemented, the proposed project will provide tangible benefits to water quality within the
Mussel Run/Contentnea Creek watershed. A majority of this area is currently used for cultivation
of commodity crops that require nutrient amendments in excess of 100 pounds per acre in addition
to large amounts of pesticide. Assuming an uptake of 60% of applied nitrogen and 10% of applied
phosphorus, over 1,000 pounds of fertilizer will be lost to runoff in this area per year. Along with
the reduction in nutrient loading, turbidity will also be reduced through the grading of the ditch
banks and installation of hardwood seedlings.
IV. Construction Plan
Prior to initiating site work, all applicable permits will be secured. These include but are not limited
to a sediment/erosion control plan and a nationwide #27 which will cover the relocation of the
"blue-line" ditches within the property.
Following agency approval, construction is scheduled begin in late January 2008. Construction
and planting (600 per acre) will take approximately two weeks. Once site work is complete, an

as-built report will be compiled and submitted to both NC DWQ and the US Army Corps of
Engineers.
IV. Project Monitoring and Contingency Plan
All plantings will be monitored for a period of five years to determine the success of the project. A
total of six (6) 0.10 ac. permanent monitoring plots, representing 2% of the project area, will be
established. The success criteria will be based on survivorship totals which meet or exceed 320
woody stems per acre at the end of the five year monitoring period. Hydrology within the site will
be monitored using shallow groundwater monitoring wells. A total of three (3) 40-inch wells will be
established throughout the project area. Each well will take daily readings of the current water
table depth. Well data will then be graphed in addition to rainfall totals from the Kinston airport and
presented in the annual monitoring report. In order to meet the appropriate success criteria these
areas must demonstrate water table depths of less than 12 inches for a consecutive number of
days equal to or greater than 5% of the growing season.
Flow events will also be monitored using guidelines published by the USGS. This method involves
the collection of stream flow in cubic feet per second following different precipitation events (.5, 1 ",
etc.) using a calibrated flow meter and compiling cross-sectional area data. Collected data can
then be used to determine both the total volume of flow for the restored system on an annual basis
as well as its reaction to specific rain events. Given the small watershed size and extensive
hydrologic modifications within the adjacent properties, no specific success criteria for stream flow
is proposed. However, areas of overbank flooding, scour, or wrack line deposition, which attest to
flow within the system, will be documented in the annual report.
Each annual monitoring report will contain a brief narrative discussing the current site conditions,
photo documentation, well/stream flow information, and plot data. Copies of the report will be
provided to both NC DWQ and the US Army Corps of Engineers.
In the event the project does not meet the aforementioned success criteria, a contingency plan will
be developed. This plan will likely include additional plantings in areas that experienced above
average mortality and an extension of the annual monitoring events.
V. Conclusion
Although no in-stream habitat will be restored under this proposal, a total of 13,450 linear feet of
Rainbow Creek have been placed in conservation easement, providing fora 5.2:1 preservation
ratio. The buffer restoration project will provide for improved water quality and wildlife habitat
within the watershed which exceeds the area of proposed impact. By combining this project (26.4
ac.) with the adjacent NCEEP and CREP projects, approximately 60 acres of farmland within the
floodplain of Mussel Run will be removed from cultivation. The proposed project will be designed
to restore the appropriate riparian, hardwood community and will be protected in perpetuity with a
conservation easement.

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40-06-303P ~~ Envifonm~~n~nf Consultants
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 20, 2007
Mr. Buzz Shackleford
Mill Run Development Group
P.O. Box 68
Hookerton, NC 28538
Re: Cutter Creek Subdivision, Greene County
DWQ #20070156; USACE Action ID. No. SAW-2007-02828
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Shackleford:
Attached hereto is a copy of Certification No. 3718 issued to Mr. Buzz Shackleford and Mill Run
Development Group, dated December 20, 2007. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should
get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and
Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sinc rely
Coleen H. Sullins
CHS/cbk/~m
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Washington Regulatory Field Office, Wilmington District, USACOE
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Kim Williams, LMG, Inc., P.O. Box 2522, Wilmington, NC 28402
Filename: 070156Ver2CutterCreekSD(Greene)401_NBR_IC
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604
Phone: [phone] FAX [phone]nternet: http://h2o.enr.state.nc.us/ncwetlands
Noe Carolina
~turally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper

Mr. Buzz Shackleford and Mill Run Development Group.
Page 2 of 6
December 20, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Buzz Shackleford and Mill Run Development Group, to
fill or otherwise impact 0.025 acres of 404/wetland, 2,550 linear feet of stream (611496 linear feet of stream
and flood 2,054 linear feet of stream), 0.17 acres of open water, and 27,008 square feet of Zone 1 Neuse
River basin protected riparian buffers and 436 square feet of Zone 2 Neuse River basin protected riparian
buffers, to construct the proposed Cutter Creek subdivision, which is located northeast of the intersection of
NC Highway 58 and NC Highway 123, in Greene County, North Carolina, pursuant to an application dated
July 13, 2007 and received by the DWQ on July 17, 2007, by Public Notice by the U.S. Army Corps of
Engineers issued on the 30" day of August of 2007 (received by DWQ on August 31, 2007), and all
additional information received from you on October 15, 2007, December 6, 2007 and December 17, 2007.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream 611 be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts to
wetlands, streams, and/or buffers,. are approved including incidental impacts:
T e of Im act Amount A roved (Units Plan Location or Reference
404/Wetland 0.025(acres A lication and Public Notice
Stream 2,550 [(linear feet) 611496 linear feet of stream
and flood 2,054 linear feet of stream] Application and Public Notice
O en Water 0.17 (acres) A lication and Public Notice
Buffer -Zone 1 27,008 (s uare ft.) A lication and Public Notice
Buffer -Zone 2 436 (square ft.) Application and Public Notice
2. Diffuse Flow
All stormwater conveyance outlets must discharge to a properly designed, constructed and
maintained level spreader. If site conditions are not appropriate for a level spreader due to site
topography or high stormwater flow, then a stormwater BMP must be provided that will remove a

Mr. Buzz Shackleford and Mill Run Development Group.
Page 3 of 6
December 20, 2007
minimum of 30 percent of total nitrogen. This BMP must be properly designed, constructed and
maintained. A diffused flow plan for this project shall be provided to this Office before any of
the impacts approved herein are conducted. The plan shall specify all stormwater discharge
points, level spreader worksheets, plan details of level spreaders, and calculations to indicate that
diffuse flow through the protected buffers. If one or more BMPs is used in place of providing
diffuse flow, then appropriate BMP worksheets, plan details and calculations must be provided
for the BMPs.
Sediment and Erosion Control:
3. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
6. Protective Fencing -The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities;
Continuin Com liance:
7. Mr. Buzz Shackleford and Mill Run Development Group shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements
of State law and federal law. If the Division determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is
being violated, or that further conditions are necessary to assure compliance, the Division may
reevaluate and modify this Certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before

Mr. Buzz Shackleford and Mill Run Development Group.
Page 4 of 6
December 20, 2007
modifying the Certification, the Division shall notify Mr. Buzz Shackleford and Mill Run
Development Group, and the US Army Corps of Engineers, provide public notice in accordance
with 1 SA NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Buzz Shackleford and
Mill Run Development Group in writing, shall be provided to the United States Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project;
Miti ag tion:
8. Compensatory Mitigation Using Onsite Preservation and Offsite Restoration
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you will be preserving 33.65 acres of onsite 404/wetland and 13,4501inear feet of
onsite stream per the wetland and stream mitigation plan dated July 13, 2007, and received by the
DWQ on July 17, 2007. Additionally, you have agreed to restore Neuse River basin riparian
buffer (Zone 1 and Zone 2) around the proposed onsite 11-acre impoundment, and restore
252,648 square feet of offsite Neuse River basin riparian buffer per your restoration plan dated
December 4, 2007, and received by the DWQ on December 6, 2006. These aforementioned
methods have been determined by the DWQ to be a suitable means to meet the mitigation
requirement.
T e of Im act Com ensato Miti ation Re uired River and Sub-basin Number
Stream 496 (linear feet) Neuse/03020203
Zone 1 Neuse Buffer 81,024 (s ware feet) Neuse/03020203
Zone 2 Neuse Buffer 654 (s ware feet) Neuse/03020203
9. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at htt~://h2o.enr.state.nc.us/su/Forms Documents.htm.;
10. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit
(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) and the stormwater management plans
shall be approved in writing by this Office before the impacts specified in this Certification
occur. You have the option of using the Express Review Program for expedited approval of
these plans. If you propose to use the Express Review Program, remember to include the
appropriate fee with the plan. The stormwater management plan must include plans,
specifications, and worksheets for stormwater management facilities that are appropriate for the
surface water classification and designed to remove at least 85% TSS according to the most
recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities

Mr. Buzz Shackleford and Mill Run Development Group.
Page 5 of 6
December 20, 2007
must be designed to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality. Also, before any permanent building is occupied at the
subject site, the facilities (as approved by this Office) shall be constructed and operational,
and the stormwater management plan (as approved by this Office) shall be implemented.
The structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout
waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division
shall require that extended detention wetlands, bio-retention areas, and ponds followed by
forested filter strips (designed according to latest version of the NCDENR stormwater Best
Management Practices Manual) be constructed as part of the stormwater management plan when
asite-specific stormwater management plan is required.
Where a State stormwater Permit (in accordance with 15 A NCAC 2H .1000) is required,
this permit may be considered to meet this condition.
11. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.or doh/operations/BMP manual/download/BMP Manual pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
.the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be. maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.

Mr. Buzz Shackleford and Mill Run Development Group.
Page 6 of 6
December 20, 2007
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable .instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all 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 NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
12. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place at the time of recording of the property, or of
individual lots, whichever is appropriate. A sample deed notification can be downloaded from
the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
13. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or LAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
Coleen H. Sullins
3718
This the 20`f' day of D ember 2007
D SION F T QUALITY
CHS/cbk/ijm