20071790 Ver 2_401 Application_20160916

Ate�LMG d�
LAND MANAGEMENT GROUP INC.
Environmental Consultants
September 27, 2016
TO: Mr. Chad Coburn PAID
NC Department of Environmental Quality r��:P29
2 a
Division of Water Resources [�
127 Cardinal Drive Extension
Wilmington NC 28405 2016
RE: Waterway Cove Subdivision; Brunswick County, NC
401 WQC Application
DWQ Project # 07-1790
Dear Chad:
Enclosed is a 401 WQC Application submitted on behalf of WCP II, LLC to construct Phase 3, Section 2 of
Waterway Cove, an existing residential subdivision located in Ocean Isle Beach, NC (Brunswick County).
Phase 3, Section 2 of this development will consist of 58 single-family lots, roadways and open space.
Impacts to 0.01 acre of 404 wetlands and 0.1 acre of isolated wetlands (basin) are needed for site access
and lot development. Note that a previous developer obtained permits in 2007 for this project, which
included impacts to these areas as well as the repair of three earthen dams. The earthen dams were
repaired, but because of the economic downturn, this phase of development was delayed. Because the
404 wetland area to be impacted is emergent and the isolated wetland impacts are below required
thresholds, no mitigation is proposed.
Enclosed are the PCN form, site maps and the site plan. The 401 application fee has been submitted to
your Raleigh office. Please let me know if you have any questions or need additional information in order
to issue the NWP 29. Thank you for your assistance with this project.
Sincerely,
tA,/
Kim Williams
Environmental Scientist
Encl.
cc: Mr. Ron Wiese, WCP II, LLC
Ms. Jennifer Burdette, NC DWR
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403
I

4
O�0 W ATFgOG
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form – Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification – Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification – Express ❑ Riparian Buffer Authorization
le.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
[:]Yes
® No
2.
Project Information
2a.
Name of project:
Waterway Cove
2b.
County:
Brunswick County
2c.
Nearest municipality / town:
Wilmington
2d.
Subdivision name:
Waterway Cove
2e.
NCDOT only, T.I.P. or state —]
project no:
N/A
3.
Owner Information
3a. Name(s) on Recorded Deed:
WCP ll, LLC
3b.
Deed Book and Page No.
3760 0702
3c.
Responsible Party (for LLC if
applicable):
Mr. Scott Cook
3d. Street address:
1105 New Pointe Boulevard; Suite 6
3e.
City, state, zip:
Leland, NC 28451
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 12
PCN Form – Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner) N/A
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Kim Williams
5b. Business name
(if applicable):
Land Management Group, Inc.
5c. Street address:
3805 Wrightsville Avenue, Suite 15
5d. City, state, zip:
Wilmington, NC 28403
5e. Telephone no.:
[phone]
5f. Fax no.:
[phone]
5g. Email address:
[e-mail]
Page 2 of 12

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
243NB001; 2430F00l07
1b. Site coordinates (in decimal degrees):
Latitude: 33.897281 Longitude: -78.450936
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
26.2 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
AIWW
proposed project:
2b. Water Quality Classification of nearest receiving water:
SA; HQW
2c. River basin:
Lumber 03040207
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Phase 3 is currently forested and undeveloped. Phases 1 and 2 have been constructed and have roads and single-family
homes. Adjacent properties are mostly undeveloped/forested or residential.
3b. List the total estimated acreage of all existing wetlands on the property:
3.4 acres of 404 wetlands; 0.1 acre of isolated wetlands
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct Phase 3, Section 2 of an existing residential subdivision. One small
404 wetland impact is needed for site access. Another isolated wetland impact is needed for lot fill and road construction.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project includes the development of Phase 3, Section 2 of an existing residential subdivision. This phase will contain
58 single-family lots, roadways and open space. Stormwater facilities for this phase have already been installed. Typical
construction equipment will be used to pave a road system and clear lots for building footprints. A total of 0.01 acre of
404 wetland impacts and 0.1 acre of isolated wetland impacts are needed to provide access and lot development
throughout the site.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
Preliminary Final
®
of determination was made?
Agency/Consultant Company:
4c. If yes, who delineated the jurisdictional areas?
Land Management Group, Inc.
Name (if known): Mr. Corey Novak
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Delineation for larger project area was originally approved by Jennifer Frye on 8/27/12 (Action ID# 2006-41576-010). A
JD for Phase 3 was issued by John Policarpo of the USACE on 9/22/2016 (see attached).
Page 3 of 12
PCN Form —Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A previous developer obtained a CAMA Major Permit (#179-07), NWP 14/GP 197800056, and 401 WQC (DWQ# 07-
1790) to install a community pier docking facility and to repair 3 earthen dams. Permanent impacts to 0.11 ac of 404
wetlands and temporary impacts to 0.087 acre of 404 wetlands were authorized by the USACE. DWR also authorized
0.096 ac of isolated wetlands for a road crossing and lot fill. The earthem dams were repaired but the wetland impacts
related to roads and lot fill in Phase 3 were not completed. This application proposes to complete these impacts. Note
that the previous permits required that remaining wetlands be preserved. Attached is the recorded preservation
document.
6. Future Project Plans
6a_ Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
The proposed work is Phase 3 of an existing residential development.
Page 4 of 12

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ❑ Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ®P ❑ T
Fill for road
Emergent
❑ Yes
® No
® Corps
® DWQ
0.01
W2 ®P ❑ T
Fill for road/lots
Basin
® Yes
❑ No
❑ Corps
® DWQ
0.1
❑ Yes
❑ Corps
W3 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W4 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W5 ❑ P ❑ T
❑ No
❑ DWQ
2g. Total wetland impacts
0.11
2h. Comments:
3. Stream Impacts NIA
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
feet)
Temporary (T)
(INT)?
other)
(feet)
❑ PER
❑ Corps
S1 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S2 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S3 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S4 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S5 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S6 ❑ P ❑ T
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
05 ❑P❑T
4f. Total open water impacts
4g. Comments:
S. Pond or Lake Construction N/A
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12

6. Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse E] Tar-Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impact
required?
El Yes
61 ❑P❑T
❑ No
ED Yes
B2 ❑P❑T
❑ No
El Yes
B3 ❑P❑T
❑ No
6h. Total buffer impacts
6i. Comments:
Page 7 of 12

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts were minimized by careful site design. Road and lots were arranged to reduce overall impacts. The 404 wetland
to be impacted will be clipped by the construction of a proposed road. The amount of wetland to remain would likely be
too small to be functional, so the entire polygon is considered an impact. Note that this small wetland does not support
woody vegetation and is considered emergent.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be used during construction to reduce sediment from eroding into the jurisdictional areas.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
Wetland impact is small and non -forested. Note that
remaining wetlands have already been preserved.
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program N/A
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Remaining wetlands have already been preserved.
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ NIA
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 9 of 12

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan N/A
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
38% for entire subdivision
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: N/A
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Stormwater permit for development has previously been obtained (SW8 070544).
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review N/A
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
® Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
Yes No
®
attached?
5.
DWQ 401 Unit Stormwater Review N/A
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
El Yes E] No
letter.)
Comments: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project will not provide access or utilities to adjacent properties. Remaining wetlands have been preserved.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The project ties into the local sanitary sewer system.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No rare
species are known to occur within the site. Several rare plant and animal species are known to occur within one mile of
the site, including the Atlantic sturgeon, West Indian manatee, loggerhead sea turtle, green sea turtle, and seabeach
amaranth. These are all water-dependent or coastal species and are likely known to occur within the AIWW or its
beaches, which is located approximately 300 ft south of the site. No impacts to these species would occur from this
project.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
® Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat (EFH). No EFH or Habitat Areas of Particular Concern (HAPC) were identified at the site. However, the AIWW is
located approximately 300 ft south of the site and is designated as EFH. No impacts to EFH would occur from this
project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
® Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC SHPO HPOWEB GIS service website was used to determine the presence of cultural resources. No cultural
resources are known to occur on the property. However, the Gause Landing Historic District (BW0715) is located
approximately 1,200 ft east of the site. No impacts to this historic district will occur from the proposed project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
Kim Williams
i
9127/2016
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for Waterway Cove; Ocean Isle Beach, NC project. All questions in regards to this project
should be directed to Land Management Group, Inc.
Sincerely,
Applicant
eco? i COb�
Print Name
�&� :),C)) c.
Date

(c) OpenStreetMap and contributors, Creative Commons -Share Alike License (CC -BY -SA)
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Map Source: 2012 NC OneMap Aerial Photography
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TRANSITION TO MODIFIED
VALLEY CURB (TYP.)_
2% MAX CROSS SLOPE
AT SIDEWALK.
BUILDING PAD NOTE:
1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUI TALBE MATERIAL AND PROVIDE CUTIFILL
OPERATIONS TO PROVIDE A COMPACTED CONTROLLED BUILDING PAD, N ACCORDANCE WITH THE
SUBSURFACE GEOTECHNICAL EXPLORATION AND TECHNICAL SPECIFICATIONS.
ASPHALT AREA NOTE:
1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUTIFILL
OPERATIONS TO PROVIDE A COMPACTED CONTROLLED SUBGRADE, IN ACCORDANCE WITH THE
SUBSURFACE GEOTECHNICAL EXPLORATION AND TECHNICAL SPECIFICATIONS.
STORMWATER NOTE:
THIS PROJECT WAS PREVIOUSLY PERMITTED WITH NCDENR, PERMIT NUMBER SWS 070544.
GENERAL NOTES:
1. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH ALL TOWN OF OCEAN ISLE BEACH, BRUNSWICK
COUNTY AND STATE OF NORTH CAROLINA STANDARDS AND SPECIFICATIONS.
2. THE CONTRACTOR SHALL PLACE INLET PROTECTION AROUND ALL STORM DRAIN INLETS TO
PROTECT THE SYSTEM FROM COLLECTING SEDIMENTATION DURING CONSTRUCTION. INLET
PROTECTION SHAT REMAIN IN PLACE UNTIL THE SITE IS STABILIZED.
3. CONTRACTOR SHALL ADJUST ALL FRAMES OF EX. UTILITY INFRASTRUCTURE WITHIN ASPHALT
AREAS TO MATCH PROPOSED GRADES.
4- ALL ROOF DRAINS SHAT BE DIRECTED TOWARDS ONSITE COLLECTION SYSTEM.
5. ALL SIDEWALK CROSS SLOPES HAVE BEEN GRADED TO MEET ADA REGULATIONS. CONTRACTOR
SHALL CONFIRM GRADES BEFORE PLACING PAVEMENT OR SIDEWALKS AND REPORT ANY
DISCREPANCIES TO OWNER AND/OR ENGINEER.
6. THE CONTRACTOR SHALL USE RCP (CL. III) PIPE FOR THE STORM DRAINAGE SYSTEM.
7. CONTRACTOR SHALL REFER TO ANY REPORTS PROVIDED BY OWNER OF SUBSURFACE
EXPLORATION AND GEOTECHNICAL ENGINEERING FOR SITE CONSTRUCTION RECOMMENDATIONS.
RETAINING WALL NOTES:
1.) THE STRUCTURAL DESIGN FOR THE RETAINING WALLS SHOWN ON THIS PLAN SHALL BE DESIGNED BY
OTHERS. PLEASE NOTE THAT THE STRUCTURAL ENGINEER SHALL ALSO PROVIDE, WHERE NECESSARY, A
SAFETY FENCE OR HANDRAIL ALONG THE TOP OF THE RETAINING WALLS WHEN REQUIRED BY CODE.
2.) THE RETAINING WALL ALIGNMENT SHOWN ON THESE PLANS DEPICT THE LOCATIONS OF THE FRONT FACE
OF THE RETAINING WALL AT THE BOTTOM (I.E. - DOES NOT ACCOUNT FOR WALL BATTER).
3.) IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO OBTAIN ALL REQUIRED PERMITS NECESSARY FOR
THE CONSTRUCTION OF THE RETAINING WALL,
4.) THE RETAINING WALL SHALL BE BACKFILLED WITH ON-SITE BORROW MATERIAL OR PROCESSED FILL
5.) THE TOP AND BOTTOM OF WALL ELEVATIONS SHOWN ON THESE PLANS IDENTIFY FINISHED GRADE
ELEVATIONS ONLY. THE EXTENT TO WHICH THE RETAINING WALL WILL BE EXTENDED BELOW GRADE TO
THE FOOTING SHALL BE IDENTIFIED ON THE RETAINING WALL CONSTRUCTION DRAWINGS.
6.) PORTIONS OF THE RETAINING WALL WILL EXPERIENCE PERIODIC INUNDATION DURING RAINFALL EVENTS.
THE RETAINING WALL DESIGNER SHALL ACCOUNT FOR PRESSURE ON THE WALL DUE TO SOIL
SATURATION BEHIND THE WALL DURING DESIGN. AN APPROPRIATELY SIZED DRAINAGE SYSTEM, WHICH
WILL OUTLET INTO THE WATER QUALITY POND, SHALL BE DESIGNED AND INSTALLED BEHIND THE
RETAINING WALLS TO RELIEVE SOIL WATER PRESSURE. ALSO, IF ANY PORTIONS OF THE RETAINING
WALLS COULD EXPERIENCE OVERTOPPING RUNOFF FLOW, THE RETAINING WALL DESIGNER MUST
INCLUDE A DRAINAGE SYSTEM TO ALLEVIATE ANY DRAINAGE ISSUES CAUSED BY RUNOFF OVERTOPPING
THE WALLS.
LEGEND:
NOTATION:
THE PROPOSED GRADES FOR ANCHORS BEND DRIVE AND I
CB =
CURB INLET CATCH BASIN
-- -- 29--- -
EXISTING CONTOUR
DI =
DROP INLET
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CLEANOUT
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PROPOSED CONTOUR
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= HEADWALL
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BUILDING PAD ELEVATION
GRAPHIC SCALE
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FLARED END SECTION
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PROPOSED RETAINING
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BY OTHERS.
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EXISTING MANHOLE
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EXISTING DRAIN MANHOLE 3:
WITH
EXISTING DRAIN MANHOLE
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., 6, a B
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1 EXISTING MANHOLE Q ( O
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4�
�� �•�"� �� DEMO 303 LF OF
EXISTING LEVEL W
.... q..y_ SPREADER. 1-4
FLOOD ZONA:
I
THE PROPOSED GRADES FOR ANCHORS BEND DRIVE AND I
�-7
\\\SSS
•+ �. In ''�,-
1 '
{ FLOOD ZONE MAPS WHICH HAVE NOT BEEN APPROVED AS OF
/
lJ
8110116. WORK WITHIN THIS AREA SHOULD NOT COMMENCE
I
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{ UNTIL THE FEMA FLOOD ZONE MAPS HAVE BEEN APPROVED AND
s6s
j ISSUED BY FEMA.
C%i
F+1
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4�
�� �•�"� �� DEMO 303 LF OF
EXISTING LEVEL W
.... q..y_ SPREADER. 1-4
FLOOD ZONA:
I
THE PROPOSED GRADES FOR ANCHORS BEND DRIVE AND I
�-7
ASSOCIATED HOUSE LOTS IS BASED UPON PRELIMINARY FEMA
H
1 h
{ FLOOD ZONE MAPS WHICH HAVE NOT BEEN APPROVED AS OF
/
lJ
8110116. WORK WITHIN THIS AREA SHOULD NOT COMMENCE
I
F --I
{ UNTIL THE FEMA FLOOD ZONE MAPS HAVE BEEN APPROVED AND
s6s
j ISSUED BY FEMA.
{ I {
r_Q
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GRAPHIC SCALE
r
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w
SCALE: 1"= 100•

VR
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2006-41576-010 County: Brunswick USGS Quad:
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner:
Waterboro Village Management. LLC
Attn: Kyle Corkum
5511 Capital Center Dr.
Raleigh, NC 27606
Telephone No.: 919-256-1981
Aythorized Agent:
ark Westendorf
and Management Group, Inc
P.O. Box 2522
Wilmington, NC 28402
Telephone No.: 910-452-0001
Size and location of property (water body, road name/number, town, etc.): The Waterway Cove Subdivision is located
along N.C. Highway 179, at the intersection of N.C. 179 and Waterway Drive abutting the AIWW in Ocean Isle
Beach, Brunswick County, NC. Latitude 33° 53' 42.771", loneitude 780 26' 54.426".
Description of projects area and activity: Discharge of fill material permanently impacting a total of 0.11 acres and
temporary impacting a total of 0.087 ac of waters of the United States, including riparian wetlands, associated with
the repair of three existing dams and the construction of a community pier for the Waterway Cove Subdivision.
The proposed 6'x 24' pier terminates with a161x16' gazebo with a fixed finger pier to access two 41x24' fixed finger
piers with four boatlifts located landward of the USACE AIWW channel setback as shown in the NCDCM CAMA
Maior permit application dated 10-23-07.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 56
Nationwide Permit Number: 3 See Attached special conditions.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Dave Timpy at 910-251-4634.
Corps Regulatory Official Date: 11-21-07
Expiration Date of Verification: 11-21-09
Page 1 of 3

Action ID Number: SAW -2006-41576-010 County: Brunswick
Permittee: Waterway Cove Subdivision
Date Permit Issued: 11-21-07
Project Manager: Dave Timpy
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Page 2 of 3
Date

TM
Waterway Cove Subdivision
Action ID SAW -2006-41576-010
SPECIAL CONDITIONS:
1) The Permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds the
Conservation Areas (see attached) for the purpose of maintaining approximately 3.47 acres (3.58 acres
total wetlands minus 0.11 acres of permanent wetland impacts) of riparian wetlands as preservation
areas, as shown on the "404 Wetlands Survey for Atlantic Coast Deveopment ", dated 10-20-06 prepared
by Bobby M. Long & Associates in their natural and mitigated state in perpetuity, prior to the sale or
conveyance of any lots or other property within the subdivision. A final survey map of the
development, which clearly depicts the surveyed areas of preservation, must also be recorded with the
Brunswick County Register of Deeds at the same time the Declaration is recorded. No person or entity
shall fill, grade, excavate, or perform any other land disturbing activities; nor construct any structures,
nor allow animal grazing or watering or any other agricultural use on such conservation areas. The
permittee shall enforce the terms of the Declaration and, prior to conveyance of the property, shall take
no action on the property described in the Declaration inconsistent with the terms thereof. The permittee
shall provide a copy of the recorded Declaration and recorded Survey to the Corps of Engineers within
15 days of recording.
These provisions relating to wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District.
Corps Regulatory Official: Date:
Page 3 of 3

OF WATER
C r
Walterboro Village management, LLC
Attn: Kyle Corkum
551 Capital Ctr. Drive
Suite 105
Raleigh, NC 27606
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
•
November 26, 2007
DWQ Project # 07 1790
I ��u
�nty
THIS
A CAMA PERMIT
Subject Property: Waterway Cove Subdivision, Ocean Isle
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Corkum:
You have our approval, in accordance with the attached conditions and those listed below, to temporarily
impact 0.154 acres of wetlands/waters and to permanently impact 0.109 acres of jurisdictional
Wetlands/waters for the purpose of repairing existing dams repair/replacement. You also have our
approval to impact 0.096 acres of isolated wetlands for a road crossing and lot fill and also construct a
community pier, as described within your CAMA Express application dated October 25,2007. After
reviewing your application, it has been determined that the impacts are covered by General Water Quality
Certification Numbers 3624 (GC3624) and Isolated waters permit (IWGP100000). These Certifications
can also be found on line at: http://h2o.enr.state.nc.us/ncwetlands/certs.htm]. These Certifications allows
you to use the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and
stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts
to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
NosthCarolina
,l�atara!!y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 2 7699-1 61 7 Phone [phone] Customer Service
Internet: www.ncwaterouality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycledl10% Post Consumer Paper

Page Two
Walterboro Village management, LLC
Attn: Kyle Corkum
DWQ # 07-1790
November 26, 2007
2. Sedimentation and Erosion Control
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre -Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
Amount Approved (Units)
Plan Location or Reference
Stream
N/A feet
404/401 Wetlands
0.12 acres (permanent)
0.086 acres (temporary)
Attached drawings (Drawings
1 of 13, & 5, 6, 7 of 13
Isolated wetlands
0.096 acres
Drawing 12 Of 13 attached
2. Sedimentation and Erosion Control
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre -Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.

Page Three
Walterboro Village management, LLC
Attn: Kyle Corkum
DWQ # 07-1790
November 26, 2007
5. 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 prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401[Wetlands Unit web site at
http://712o.enr. state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project. Please provide this Office with a copy of the deed
notification or similar mechanism after it has been recorded, within ninety (90) days from
the issuance of this permit).
6. Protective Fencing
Protective Fencing of the outside wetland boundary and along the construction corridor
within the boundary 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 wetland prior to any land disturbing activities.
7. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Ian McMillan in the Central Office in Raleigh at 919-
733-1786 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910-796-7215.
Sincerely,
Joanne Steenhuis
enior Environmental Specialist

Page Four
Walterboro Village management, LLC
Attn: Kyle Corkum
DWQ # 07-1790
November 26, 2007
Attachments
Enclosures: GC 3624 and IWGP 100000
Certificate of Completion
cc: Mark Westendorff — Land Management Group
Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Dave Timpy - USACE Wilmington Regulatory Field Office
Doug Huggett — DCM Morehead
Jason Dail - DCM Wilmington
Central Files
WiRO

q14='-2008 11:02 From:
To:9104520060 P.2'6
Permit Class
NEW (, xpress Permit Program)
STATE OF NORTH CAROLINA
Department of Environment and Natural Reso'circes
and
Coastal Resources Comrrdssion
3prrmtt
,16r
X Maior Development in an Area of Environmental Concern
pursuao.t to NCGS 11,3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number.
179-07
Tssued to Waterboro Village Management, LLC, 5511 Capital Center Drive, Raleigh, NC 27600
Authorizing development in Brunswick County at adi. to the ATWW, nlonaNC Hwy 1.79 and Watervyav
Dr__ in Ocezn rile_ Nc. as requested in the permittee's application. dalded revised 10/02/07 fMP-1_, P-3 dt UP -41 and
10/15/07 (MP -2) including the attached workplan drawings referenced in Condition (1) of this permit.
This permit, issued on December 6 2QQ , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null ana vola.
Miland Development
1.) Unlcss specifically altered herein, all. work shall be done in accordance with tte pcunittee's
application and work plan drawings (15), Sheets 1 of 13 .revised 9/26/07, Sheet 2 of 13 dated 6/20/07,
Sheets 4• & 13 of 1.3 dated 7/19/07, Sheets 5 & 6 of 1.3 dated 7/30/07, Sheet 7 of 13 revised 10/11/07,
Sheets 8, 9 & 10 of 13 dated 6/29/07, Sheet 11, of 1.3 dated 7/23/07, Sheet 12 of 13 dated. 7/20/07,
Supplemental Sheet i revised 1.0/23/07, Supplemental Sheet 2 dated 10/11./07, Supplemental Sheet 3
dated 10/24/07 and. the U.S. Army Corp of Engineer's approved wetland delineation map signature
dated 8/27/07.
(See Attached Sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2010
Signed by the authority of the Secretary of DpNR and the
Chairman of the Coastal Resources Commission.
Iarrief H. Crr sort, Director
stop of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with die North Carolina Coastal
Management Program. Signature of Permittee

-2008 11:02 From:
Waterboro Village Management, LLC
Tn:9104520050
F. 3/G +
4 - " . N I I'
Permit 41.79-07
I,age 2 of 5
ADDITIONAL CONDITIONS
2) 'Unless specifically altered herein, this permit authorizes only the land disturbing associated. with
establishment of the Waterway Cove subdivision, all as expressly andspeciRcal,ly set forth in the permit
application. and depicted on the attached work -plat drawings, Any additional. land di.sturbiag activities
and/or, construction shall be evaluated, on a case-by-case basis, by a representative from the Division of
Coastal. Management (DCM) to determine additional permit requirements. Contact a. representative of
the Division at [phone] prior to the connmencenlent of ,uly such activity for. this determination.
Cnmmunity Pier Docking Fa!jft
3) Unless specifically altered Herein., this permit authorizes only the cornin.unity access pier, gazebo, fixiger
piers and. bontlifts, all as expressly and specifically set forth in the pernli.t application. No other
structure(s), whether floating or stationary, shall become a permanent P of this eom.munity access pier.
without permit modilication, No nail. -water dependent uses of structures shall be conducted on in or
over public trust waters without permit modification.
4) Tn accordance with commitments made by the permittee, and to ensure that .no vessels uti'lixing the
docking facility rests on the bottom substrate, "stops" (braces) sha.11 be installed on the boatlifts and/or
boatlit"t pilings one foot above the bottom substrate. These "stops" shall remain in. place for the life or
the docking facility,
5) No attempt shall be made by the pe.nnittee to prevent the full and. free use by the public of all. navigable
waters at or adjacent to die authorized work,
6) Any portion of the permitted access Pier built over, Coastal, Wetlands shall not exceed six feet in width
and shall be elevated a minimum of three feet over the wetland substrate as measured. from tltie bvltom of
the deekin.g.
7) The docking I.acility and associated structures shall have a minimum setback distance of 15 ,feet between
any pares of tbLe structure and the adjacent property owners ri,pari.an access corridor, which is
determined by drawing a line parallel to the channel, or deep water., then drawing a line perpendicular to
the channel line that intersects with the shore at the point where the uplandproperty line meets the
water's edge.
8) No portion of the structure (including pilings) shall be installed within 80 feet of the near bottom edge or
the fedcratly maintained channel.
9) In order to ensure compliance with Conditions No. 7 and 8 ofthis permit, an as -built survey depicting
the authorized structure, the riparian corridors, the locati,oa of the ch.anael and corresponding setback
shall be performed and a copy of the survey provided to the Division of Coastal, Management, within. 60
days of completion of construction of these portions of the project.
NOTE: Failure to comply with the survey condition referenced. in Condition. No. 9 of this Permit may
result in the issuance of a Notice of Violation.

"► :-2006 11:02 From:
Waterboro Village Management, LLC
ADDITIONAL CONDITIONS
Tn:9104520060 P.4/6
Permit 4179-07
Page 3 of 5
10) The permittee shall maintain the authorized work is good condition and in. conformance with. the terms
and conditions of this permit. The permittee .is not relieved of this .requireracnt if they abandon the
permittcd activity without having it transferred to a third party.
11) The permittee shall install and maintain at their expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized fa.ciliti.es. At a m.inimurn,
permanent reflectors shall, be attached to the smicture in order to make it more visible during lloll[S of;
darkness or inclement weather.
12) It is possible that the mahorized structures may be damaged by wave wash from passing vessels. The
issuance of this permit does not relieve the .permittee from taking all proper steps to ensure the integrity
of the permitted structure. The permittee shall not hold. the State of North Carolina nor the Uiuted States
liable for any such damage.
13) This permit authorizes a maximum of four (4) boat slips.
14) The authorized project is located within a prin1.ary mu.rsery area (PNA). Therefore, in. accordance with
T15A:07H.0208 of the Rules of: the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any mariner, inctud.ing "kicking" with boat propellers, is
not authorized. This prohibition shall. be applied and enforced throughout the entire existence 0-1 the
permitted structure,
15) The perm.ktce understands and. agrees that, if future operations by the United States require the removal,
relocation, or other alterations, of the structure or work herein authorized, or. if, in ti.e opinion of the
Secretary of the Army or his authorized representative, slid structure or work shall cause unreasonable
obstruction to the free navigation of tile navigable waters, the permittee shall be required, upon due
notice from the Corps of. Engineers, to remove, relocate, or alter. elle structural work or obstructio»
caused thereby, without expense to the United States or, the State of North Carolina. No claim shall be
made against the Uaited States or the State of North, Carolina on account of any such removal or
alteration.
Retainine Wall
16) The retaining wall shall be constructed in accordance with the permittee's application and. approved
workplan drawings.
17) The retaining wall. shall be constructed prior to any backfilling activities.
18) 171he retaining wall shall be structurally tight so as to prevent seepage of, backfill materials through the
stnicture.
19) The retaining wall. shall be solidand constructed of treated wood, concrete slabs, metal sheet pile -9 or
other suitable materials approved. by Division personnel.. No excavation is permitted except .for that
which may be required. for tyle construction of the retaining wall, riprap, d.eadmen cables, etc. This
permit does not authorize Lucy excavation waterward of the approved. alignment.

.-__-2008 11:02 Frnm:
Tn:91045200GO P.5/6 0
I
tiVaterboro Village Management.X LC Permit 4179-07
Page 4 of 5
ADD.I.7.1710NAL COND'ITTONS
20) All backf.11 material shall be obtained Jf oma high ground source and confined behind the permitted
retaining wall,
rxenvation and Fill
21) This .permit authorizes the excavation and filling of 4,1,61 square feet (0,095 acres) oP "404"
jurisdictional wetlands, and. 732 square feet of "fresh. water Ponds", as indicated on the attached
workplan drawings.
22) No vegetated wetlands shall be excavated or filled outside the a.l.igii.ment indicated, on the attached
wo rkpl an drawings.
23) The fill material shall be clean and. free of any pollutants except in trace quantities.
24) Rds permit does not authorize the excavation or fi.l.l.ijig of any coastal wetlands or estuarine waters.
Wetlands Preservation
25) In accordance wish the requirements of the U.S. Army Corp of engineers, the permittee sliall preserve
3.47 acres of onsite federal. wetlands as described in th.e October. 2, 2007 application. The permittee shall.
not perform any of the following activities within the wetlands preservation area including:. l.l'ulg,
grading, excavating, earth ni.overnwt of any kind, conmiction of roads, walkways, buildings, signs, or
any other structure, any activity that may alter the drainage patterns on the property, the destruction,
mowing or other alteration o f vegetation on the property, disposal or storage of any garbage, trash, or
Other wash:.r.a.teri.al, or any other activity which woul.d .result in. the wetlands being adversely impacted
or destroyed.
26) In accordance with the requirements of the U. S. Army Corp of Engineers, prior to initiation of work, the
permittee shall execute and cause to be recorded a conservation declaration. prohibiting those activities
listed in. Cond.itio.nNo, 25 above. The permittee shall provide a copy of the recorded conservation
declarations to the Division. of. Coastal Management Morehead City Office and the Corps of Engineers
Wilmington Field Office, within sixty days of the recordationof the declaration.. The permittee shall.
take no action inconsistent with the terms and purpose of the conservation declarationon the property.
27) In. accordance with the requirements of the U. S. Army Corp of Engineers, the conservation declaration
relating to wetlands cannot not be amended or mollified willlout the express written consent of the'U.S.
Army Corps of Engineers and the N.G. Division. of Coastal Management.
Sturmwater Manngement
28) The Division of Water Quality's approval of this project, under stormwttter management rules of the
Environmental Management Commission, is covered by way of. High -Density Storniwater 1'emut No.
SW8070544 issued on 7/03/07. Any violation of the permit approved. by the Division of Water Quality
shall be consi.dcred a violation of this CAMA pernut.

__N__ 11:03 From:
To:9104520060 P.G/G
Waterboro Village Managcment, LLC Permit #179-07
Page 5 of S
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
29) In order to protect water quality, n►noff from construction shall not visibly increase the amount of;
suspendedsediments in adjacent waters,
30) Appropriate sedimentation and erosion eo.ratr.ol devices, measuues or slrltctures (e,g, silt:Eencc, diversion
swates or berms, etc.) shall be imptemen.ted to enaure that eroded materials do not enter adjacent
weilands, watercourses and/or properties.
NOTE,: The permittee has received a. Sedimentation and. Erosion Control Plan„ for, the Waterway Cove
Subdivision (LQS Permit No. l3runs-2008-031). Should the permittee choose to .modify/amend
the existing penni.t, he or she should contact the Department of Enviror=ent and Natural
Resources; Land Quality Section., at 127 Cardinal Drive Extension, Wilmington, NC 28405,
General
31) No portion of the stormwater system., including graded slopes and drainage swal.es, shall be located
vAth.in the 30, Coastal Shoreline Duffer. Additionally, the permittee is advised that any development or
land disturbing activity that is considered non -water dependent is not authorized within 30 .feet of the
normal high water level unless specifically exempted by Coastal Resource Commission (CRC)
regulations in place at the time of such development.
NOTE: This permit does .not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required,
NOT The U.S. Army Corps of Engineers authorizedthe proposed project under Nationwide Permit 14
and General. Permit No, 197800056 (COE Action Td, No. 2006-41.576-01.0), which was issued on
1.1./21/07.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General, Water.
Quality Certification, No, 3631 and 3624(DWQ Project No, 07 1790) issued on 1,1,/20/07.
NOTE: The permittee should contact the Division of Environmental Tlealth, Public Water Supply
Section, .located at 127 Cardinal Drive, Wiltmirngton, NC 28405, to detem-iine if authorizati.on, .is
required. for the construction of a public water supply system.

10-27-2009
I� I III II' I �� I II I I I �II�II I I I I' IIII I Itl 10 27 01.0
82981 P0260 10-35-01.000
Brunswick County, NC Register of Deeds' a emmons
page 1 of 7
Q eih
Presenter <c,
.� Total F v Ira.
Ck $ FL—T& h S
Refund: Cash;, ____ Finance
❑ Fcrtiors c` docunrect are illegible due to co, ;.ion
C1 �-, ^•,�s seals veriried by original
in".-: ... :r. reo,duoed orcopied.
DECLARATION OF CONSERVATION COVENANTS, CONDITIONS AND RESTRICTIONS
WATERBORO VILLAGE MANAGEMENT, LLC
dated as of October 20, 2009
Prepared by: Steven I. Reinhard, Esq.
1009 Slater Road, Suite 400
Durham, NC 27703
After recording, return to: Hardy Dail
Dail Development Company
Post Office Box 582
Cary, NC 27511

it I I I I II I I II i t II I I Ililll I l i III IIII III 0-27-2009
Bp0z 1h0
m0
Brenda
Brunswick County, NC Register of Deeds page 2 of 7
STATE OF NORTH CAROLINA
BRUNSWICK COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and RESTRICTIONS
("Conservation Declaration") is made on this 20th day of October, 2009, by Waterboro Village
Management LLC ("Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property (Property) being
approximately 3.58 acres, more particularly described in the 404 Wetlands Survey (Exhibit
A) attached hereto and by this reference incorporated herein.
B. The purpose of this Conservation Declaration is to maintain wetland and/or riparian resources
and other natural values of the Property, and prevent the use or development of the Property
for any purpose or in any manner that would conflict with the maintenance of the Property in
its natural condition. The preservation of the Property in its natural condition is a condition of
Department of the Army permit Action ID No. 2006-41576-010 issued by the Wilmington
District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of
the United States authorized by that permit, and this Conservation Declaration may therefore
be enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the Property
shall be held and subject to the following restrictions, covenants and conditions as set out herein, to run
with the subject real property and be binding on all parties that have or shall have any right, title, or
interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation Declaration is
prohibited. The Property shall be maintained in its natural, scenic, and open condition and restricted from
any development or use that would impair or interfere with the conservation purposes of this
Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited
or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction of non-native plants and/or animal species
is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt
or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on
or above the Property.

I��I�III'IIII'��II'I�IIIII�'�II��IIII10 35 01.0
RE NkL:10 3501.000
mons
Brunswick County, NC Register of Deeds page 3 of 7
C. Industrial Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of
trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property.
G. Signage_No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs
identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property
is prohibited.
I. Excavation Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or
other materials, and no change in the topography of the land in any manner on the Property,
except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or
tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns. In addition, diverting or causing or permitting the
diversion of surface or underground water into, within or out of the easement area by any
means, removal of wetlands, polluting or discharging into waters, springs, seeps, or
wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished by
this Conservation Declaration shall be transferred pursuant to a transferable development
rights scheme or cluster development arrangement or otherwise
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt bikes, all -terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in
its natural condition, or the protection of its environmental systems, is prohibited.

009
P026410-27-21.
000
Il�ll'll'I ly I�IIII ��1'II yI �I� IIf I I'Ilr of Deeds page 5 not �
Brunswick County, NC Regis
the application of such provision to persons or circumstances other than those as to which it
is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely
fashion in the official records of Brunswick County, North Carolina, and may re-record it at
any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and represents
that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property
described herein is and at all times hereafter will continue to be in full compliance with all
federal, state and local environmental laws and regulations, and (b) as of the date hereof
there are no hazardous materials, substances, wastes, or environmentally regulated
substances (including, without limitation, any materials containing asbestos) located on, in
or under the Property or used in connection therewith, and that there is no environmental
condition existing on the Property that may prohibit or impede use of the Property for the
purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year first
above written.
WATERBORQ VILLA9E MAN GEMENT LLC
i
By: _ 74
Stephen H. Clark, Manager

B2987 P026510 10:35::35:0009
01.000
1111111111 �I I � � I �I1��1111111111 1 111 Brenda M. C lemmons
NORTH CAROLINA Brunsuiek County, NC Register of Deeds page 6 of 7
DURHAM COUNTY
I certify that the following person(s) personally appeared before me this day, acknowledging to
me that he or she signed the foregoing document:
Stephen H
Date: October 20, 2009
Clark, manager of Wate oro Village Management, -LLC
..A r 9 - A — 'Go)
fficial Signature of Notary
STEVEN I. REINHARD
NOTARY PUBLIC
WAKE CUNTY
STATE OF NORTH CAROLINAMY COM S 5-22-2012
Name of Notary: Steven 1. Reinhard
My commission expires: May 22, 2012

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THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN
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45.29 Ac. UPLANDS AREA
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P:
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2006-41576 County: Brunswick U.S.G.S. Quad: Shallotte
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Scott Cook
1105 New Pointe Boulevard,. Suite 6
Leland, North Carolina 28451
Agent: Corey Novak
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington. North Carolina 28403
Size (acres) 26.2 -acres Nearest Town Ocean Isle Beach
Nearest Waterway Atlantic Intracoastal Waterway River Basin Lumber
USGS 14UC 03040208 Coordinates Latitude: 33.897281 N
Longitude: -78.450936 W
Location description: The project area is located off of Waterway Drive SW_Rarcel_Nos. 106515634945 &
106515638974), in Ocean Isle Beach, Brunswick County, North Carolina. The roi ect area consists of
u_ndevelo ed forested.land with a cleared understory and three dams illwa s/brid es. The project area
borders Waterway Drive SW to the west, a residential subdivision under construction to the east, residential
dwellings and Waterway Drive SW to the south, and undeveloped, forested land to the north.
Indicate Which of the Followine Apply:
A. Preliminary Determination
There appear to be waters, including wetlands, on the above described property, as depicted on the attached
exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary
jurisdictional determination may be used in the permit evaluation process, including determining compensatory
mitigation. 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.
B. Approved Determination
X There are Navigable Waters of the United States within the above described property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated.
Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this
wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant.
To be considered final, any delineation must be verified by the Corps.
Page 1 of 2

Ir
X The waters of the U.S. including wetlands on your property have been delineated and the delineation has
been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this
survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate
depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the
law or our published regulations, may be relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted
on the figure identified below. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Wilmington, NC, at [phone] to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact John N. Policarpo at
910-251-4487 or John.N.Policaroo usacc.army.mi.l._
C. Basis for Determination: The proiect area exhibits wetland criteria as described in the 1987 Corps
contains an imAoundment of a Relativelv Permanent Water (RPW). On-site wetlands are considered
both abuttine and adiacent to an RPW and are considered
Water Act, as is the RPW. In addition, there is a section of wetlands flowed by the tide that is
'urisdictional under both Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors
U land/Wedand.Sketch Waterway Cove, Brunswick Count NC" dated March 2016 accurately
de icts the approximate extent of `uriisdictional waters of the U.S. ineludine wetlands..
D. Remarks:
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:

M
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
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
November 22, 2016.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date: September 22, 2016
Expiration Date: September 22, 2021
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://re ulatorv.usacesurvey.�om/.

SEC TION I -The following identifies your rictlts and optiotzs red ardin— an administrative appeal of the above &cision.
Additional inl'or;na inn mtf,, he fZ)uIld at }Zit usate_arn kv. III i4.'missions/cavil t`orkiLR gulargryl'rot'4mandPerniits x or
i orfs rulator zii 33 '31 . m.
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 Ietter, 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 (I.,OP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
N48TH.-H HO:N OF t' Z:l I IVJ APITAI tr�I'1'1C "tiff .hilt 1'Itiy4 t;��:1t1>
ItI:CIt.'I uttlt
Applicant:
Scott Cook. File Number: Sly N�-2006-4i5 , o
Date: September h, -U i o
Attached is:
_ ----- . ...---..--
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERF,D PERMIT Standard Permit or Letter of permmission
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SEC TION I -The following identifies your rictlts and optiotzs red ardin— an administrative appeal of the above &cision.
Additional inl'or;na inn mtf,, he fZ)uIld at }Zit usate_arn kv. III i4.'missions/cavil t`orkiLR gulargryl'rot'4mandPerniits x or
i orfs rulator zii 33 '31 . m.
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 Ietter, 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 (I.,OP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

F.: 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.
1 - REOUEST FOR APPEAL or OBJECTIONS 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
I record.
POINT OF CONTACT FOR QUESTIONS 40R 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. Jason Steele, Administrative Appeal Review Officer
Attn: John N. Policarpo CESAD-PDO
[phone] U.S. Army Corps of Engineers, South Atlantic Division
John. [e-mail] 60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investi ation, and will have the opportunito participate in all site investigations.
Date: I Telephone number:
of appellant or
.For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, John N. Policarpo, 69 Darlington Ave., Wilmington, NC 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

%j.

Legend
Project area -26.2 ac
Section 404 wetlands/waters-3.4 ac
�,-
'Boundaries are approximate and are not moant to be absolute.
Map Source: 2012 NC OneMap Aerial Photography
SCALE V = 200'
(When printed at 11'x17')
Waterway Cove 4LMG
Brunswick County, NC 1-- Figure 7
www.lmarouo.net Preliminary
March 2018 3805 Wrightsville Avenue UplandMetland Sketch
LMG # 40-16-056 Wilmington, NC 28403
Phone. [phone] Fax: [phone]