20081244 Ver 1_401 Application_20080808

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PAYM!7NT
08-1 2. 44'`CE
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Date: 14 August 2008
Transmittal Letter
To: Mr. Ian McMillan
Of: 401 Oversight / Express Review Permitting Unit
Attached you will find:* 04
AUG 1 8 2008
OL,* '01 ER QUALITY
WETLANDS ANI3 5?f?RhlWATER 8RAN(,H
? Proposal ? Sketch(es) © Permit App. ? Signed Wetland Map ? Photo(s)
? JD Package ? Report(s) ? Plans ? Information Request ? Other
Copies Dated Description
5 23 July 2008 NWP 29 Application for Pinnacle Townhomes
1 $240 filing fee

These are being delivered:
® For your Review/Comment
? Corrected and Returned
? Other:
*If noted items are NOT attached, please contact our office.
? For your Records ? Returned for Correction(s)
? For your Signature ? As Requested
By: © Hand Delivery ? Fed-Ex ? UPS ? Regular Mail ? Other
Notes:
Ian:
Attached are 5 copies of a NWP 29 application for Pinnacle Townhomes, located within Mallory Creek Plantation off Old River Road in
Brunswick County. Please review the attached documentation and let me know if I need to supply you with any additional information.
Thanks!
Signature and (Typed) Name: 7 0- ./
Amanda L. Kolb
SEGi Project #: 07-120.01
Client Name: Stevens Home Investment
USACOE Action ID#: 200300659
Date: 08/14/2008
gout ern Environmental 6roup, Inc.
53 15 jouth College KoaJ, Suite r- - Wilmington, North Carolina 2841 2
910.452.271 1 • rax: 910.452.2899 • [e-mail]
14 August 2008
Hand Delivery
Ms. Kimberly Garvey
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
www.segJ.us
° Ey 0 Y -.Q 0
AUG 1 8 2008
DENR
WETLANDSARD STOQ %T R 8RMC.,1
[SEGi Project #: 07-120.01]
RE: Proposed Pinnacle Townhomes
A Division of Mallory Creek Plantation
Leland, Town Creek Township, Brunswick County
AID#: 200300659
Dear Ms. Garvey:
Southern Environmental Group, Inc. (SEGi) has been retained by Stevens Home Investments,
Inc., to pursue DA approval to permanently impact 0.13 acre (5,877 square feet), and temporarily
impact 0.01 acre (383 square feet), of 404 jurisdictional wetlands. The fill is necessary to
construct roadways and attendant features for the proposed Pinnacle Townhome Subdivision.
The project is located off Old River Road (NC-133), south of Jackey's Creek, in Leland, Town
Creek Township, North Carolina. Pinnacle Townhomes can be found off Mallory Creek Drive,
within Mallory Creek Plantation.
The proposed project is located on 40.56 acres (1,776,793.6 square feet), within a parcel
containing 1,001.89 acres (43,642,328.4 square feet). This townhome community is part of a
Planned Unit Development (PUD). Therefore; all impacts, to any portion of the site, will be
treated cumulatively. Portions of the entire parcel have already been developed, but not all the
phases have been completed at this time. Brunswick County's Unified Development Ordinance
(Section 4.8.5) allows for phasing of the PUD, and allows for multiple ownership of the
subdivided parcels contained within the PUD, thus permitting of the entire parcel is not requested
at this time.
Four permanent wetland impacts are being proposed for this project. The impacts are associated
with the completion of main collector roadways, to be located within the proposed townhome
community. Swales are proposed for this project, as a form of stormwater management, and will
terminate prior to reaching the wetlands. In addition, the bottom elevation of the proposed
swales will not be lower than that of the adjacent wetland. The fill material will be stabilized via
SEGO
3:1 side slope, seeding and mulching.
A single, temporary impact is proposed for the project, and is associated with the installation of a
sanitary sewer line. Restoration of the temporary impact area will be accomplished by replacing
the excavated hydric soil, and allowing the area to re-vegetate naturally.
The impacts associated with this townhome community are to be treated cumulatively with the
wetland impacts associated with Mallory Creek Plantation. According to the "Composite
Drawing [of) Mallory Creek Wetlands", obtained from Hanover Design, wetland impacts
associated with Mallory Creek Plantation total approximately 0.265 acre (11,543.4 square feet).
Cumulative permanent wetland impact acreage, for Mallory Creek Plantation and Pinnacle
Townhome Community, totals approximately 0.39 acre (17,037 square feet).
Of the 40.56 acres associated with the Pinnacle Townhome community, 4.77 acres (207,781.2
square feet) are considered jurisdictional 404 wetlands, 0.26 acre (11,359 square feet) are
isolated wetlands, and the remainder of the property is uplands. As is depicted on the attached
site plan, the proposed townhome community been designed to accommodate 320 units. None of
the requested impacts to jurisdictional features are associated with lot fill. The table below
outlines the fill request:
e
1 Excavation/Fill Forested 0.05
2 Excavation/Fill Pocosin 0.03
Temporary 2 Excavation/Fill Pocosin 0.01
3 Excavation/Fill Forested 0.03
4 Excavation/Fill Forested 0.02
Total Permanent 0.13
Impact Proposed The Applicant has demonstrated avoidance and minimization by designing the Townhome
community around the majority of on-site wetlands. The Applicant has made every effort to
reduce impacts to natural resources. As this is a high density project, curb and gutter, as well as
sidewalks, are proposed. The Applicant is proposing not to include sidewalks in areas where
wetlands are present, which has significantly reduced the potential for additional impacts to
jurisdictional features. Also, the Applicant is proposing to directionally bore the "future stub
connection" associated with the sanitary sewer line (adjacent to "Wetlands E"), when it comes
time for the future connection. Finally, the water line was relocated, to avoid an additional
wetland impact along Mallory Creek Drive. All of these steps and factors demonstrate how the
Applicant has avoided and minimized impacts to jurisdictional features.
5F-Gi
Mitigation is offered through payment to the North Carolina Ecosystem Enhancement Program
(NC EEP), at a 1.9:1 ratio, for non-riparian wetland impacts. The ratio of 1.9:1 was chosen
because the mitigation will be performed off-site, though it will be within the same hydrologic
watershed. Pursuant to the Memorandum of Understanding between the NC EEP (a division of
the NC DENR) and the USACE, once payment is made to NC EEP, they are then responsible for
the compensatory mitigation specified within the issued USACE permit, in this case,
compensation to adequately offset the loss of 0.13 acre non-riparian wetland.
For clarification and verification of the statements made above, please refer to the following
documentation attached to this correspondence:
Attachment 1.
Attachment 2.
Attachment 3.
Attachment 4.
Attachment 5.
Attachment 6.
Attachment 7.
Attachment 8.
Attachment 9.
Attachment 10.
Attachment 11.
Pre-Construction Notification
Overall Impact Map
Cross Section of Impact Area
Property Owner Tax Information
Aerial Photograph
Vicinity Maps (2 scales)
Tear Sheet and Wetland Boundary Survey
"Composite Drawing [ofJ Mallory Creek Wetlands"
Soils Map
EEP Acceptance Letter
Letter of Agency
Please review the attached permit application and documentation for a NWP 29 authorization.
Should you have any questions, concerns, or comments, feel free to contact me at 910.452.2711.
Thank you in advance for your assistance with this project.
Sincerely,

Amanda L. Kolb
Environmental Consultant
cc: Mr. Chad Coburn (DWQ)
Mr. Ian McMillan (401 Oversight/Express Review Permitting Unit)
Stevens Home Investments, Inc. (Client)
A??c1?v?nean-?c \
Office Use Only:
USACE Action ID No.
' -
DWQ No,
Revised Version December '06
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
?x Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
O 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 29
3. 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: x?
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: ?
Applicant Information
1. Owner/Applicant Information
Name: Stevens Home Investments, Inc. A U6-
c/o Mr. Michael Stevens 2008
Mailing Address: Suite 5710 Oleander Drive 1'l1?D,c;s?jcct?
e,
Wilmington, NC 28403
Telephone Number: 910.794.8699 Fax Number: N/A
E-mail Address: N/A
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: Ms. Amanda L. Kolb
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 S. College Rd. Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: amand ksegi.us
Page 1 of 13
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 may be 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: Pinnacle Townhomes
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0590001007
4. Location
County: Brunswick (#10) Nearest Town: Leland
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
The site is located along the west side of Highway 133, approximately 5 miles south of
the intersection with NC-74/76, south of Jackey's creek. The site is found within
Mallory Creek Plantation, off Mallory Creek Drive.
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): 34.1856'N 77.9931°W
6. Property size (acres): 40.56 acres (1,766,793.6 square feet)
7. Nearest body of water (stream/river/sound/ocean/lake): Mallory Creek
River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 13
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 subject parcel appears to have been mowed in recent history. Scattered areas of
thick vegetation remain along the southern boundary of the parcel. The site is
undeveloped except for two dirt roads, which infiltrate the property from the east and
to the north. It appears that this site may have historically been used for agricultural
and/or silvicutural purposes.
The uplands on the subject property are vegetated with:
• A canopy laver of slash pine (Pinus ellioyt), loblolly pine (Pinus taeda), live oak
(Quercus nigra), white oak (Quercus alba , turkey oak (Quercus laevis), and
sweet um (Liquidambar styraciflua).
• A shrub laver of inkberr (Ilex glabra), wax myrtle (Myrica cerifera), small black
blueberry (Vaccinium tenellum), and horse sugar (Synzplocus tinctoria); and,
• An herbaceous laver of bracken fern (Pteridium aquilinum, and wiregrass
(Aristida stricta).
There was no evidence of hydrology within 24 inches of the surface in the upland
portion of the site.
The wetlands on this tract are vegetated with:
• A canopy layer of slash pine (Pinus elliotti , red maple (Acer rubrum), red bay
(Persea borbonia), water tupelo (&ssa aquiatica), and loblolly pine (Pinus taeda),
• A shrub laver of fetterbush (Lyonia lucida and titi (Cvrilla racemiflora); and
• An herbaceous/vine laver of laurel-leaf greenbriar (Smilax laurifolia), greenbriar
(Smilax rotundifolia). and cinnamon fern (Osmunda cinnamomea).
Indicators of hydrology include drainage patterns in wetlands, water stained leaves,
and a prevalence of species with an indicator status that was wetter than facultative.
Saturated soil was found at 12 inches below the surface.
The general land use in the vicinity of the subject parcel is mostly residential. A large
portion of the land adjacent to the subject property remains undeveloped. A few
commercial endeavors are scattered throughout the general region, but the main land
use appears to be residential.
10. Describe the overall project in detail, including the type of equipment to be used:
The Applicant is proposing to develop a high density residential townhome community,
referred to as Pinnacle Townhomes in Mallory Creek Plantation off Old River Road
(NC-133) in Leland, Brunswick County, North Carolina The proposed development
plans will conform to high density residential zoning designations for the subject parcel
and will be consistent with Brunswick County Uniform Development Ordinances
Utility corridors, sewer areas, fire hydrants and roadways will be put into service to
meet the needs of future residents. Utility lines will be laid beneath the roadway, within
the right-of-way. Heavy equipment will be used in this project such as an excavator
Page 3 of 13
back hoe and bull dozer. The machinery will be used to clear the land, stabilize the soil
and establish grade.
Four permanent wetland impacts are being requested for this project. The impacts are
associated with the completion of main collector roadways. Swales are proposed for
this project, as a form of stormwater management, but the swales will terminate prior
to reaching the wetlands. In addition, the bottom elevation of the proposed swales will
not be lower than that of the adjacent wetland.
The proposed permanent impacts total approximately 0.13 acre (5,877 square feet), and
are necessary for the completion of the proposed townhome community. The fill
material will be stabilized using traditional methods, namely, 3:1 side slopes, seeding
and mulching. A single, temporary impact is proposed for the project, which is
associated with the installation of a sanitary sewer line. The temporary impact totals
0.01 acre (383 square feet). Restoration of the temporary impact area will be
accomplished by placing the hydric soil, which was removed during excavation, over
top of the temporarily impacted area. The area will then be allowed to re-vegetate
naturally.
The impacts associated with this townhome community are to be treated cumulatively
with the wetland impacts associated with Mallory Creek Plantation. According to the
"Composite Drawing loft Mallory Creek Wetlands", obtained from Hanover Design,
wetland impacts associated with Mallory Creek Plantation total approximately 0.265
acre (11,543.4 square feet). Thus, the cumulative permanent wetland impact acreage of
Mallory Creek Plantation and Pinnacle Townhome Community totals approximately
0.39 acre (17,037 square feet), which is below the 0.50 acre threshold allowed under the
Nationwide Permit 29.
11. Explain the purpose of the proposed work:
The purpose of the project is to subdivide a 40.56-acre portion of the Mallory Creek
Plantation PUD into 320 residential townhome lots, while minimizing impacts to
jurisdictional features. The project will be a high density community in a developing
portion of Brunswick County. The development of this subdivision will provide for
affordable housing in an area for those looking to escape the taxes associated with the
City of Wilmington and New Hanover County. Brunswick County has seen significant
population growth over the past couple years, and the development of a new single
residential townhome communi will provide much needed housing for families
looking to move or relocate.
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
Page 4 of 13
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.
• Action ID #: 200300659 (wetland boundary survey signed by Mr. Thomas Farrell
19 December 2003) - see attached tear sheet and reduced copy of wetland boundary
survey.
• Stormwater and Sedimentation and Erosion Control permits have been applied for
by Tripp Engineering.
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.
There are no future permit requests anticipated for Pinnacle Townhomes
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.
1. Provide a written description of the proposed impacts:
• Impact Area 1: Excavation and fill are necessary to complete proposed main
collector roadway.
• Impact Area 2: Excavation and fill are necessary for the installation of a
culvert and the construction of an arterial roadway for the townhome
community.
• Temporary Impact Area 2: Excavation and fill are necessary for the
installation of a sanitary sewer line Area will be restored back to its natural
state, once installation is complete
• Impact Area 3: Excavation and fill are necessary to complete proposed main
collector roadway.
Page 5 of 13
• Impact Area 4: Excavation and fill are necessary to complete proposed main
collector roadway.
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, separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodpl
(yes/ Stream (acres)
)
no) (linear feet)
1 Excavation/Fill Forested No 1000 0.05
2 Excavation/Fill Pocosin No -550 0.03
Temporary 2 Excavation/Fill Pocosin No ^550 0.01
3 Excavation/Fill Forested No -765 0.03
4 Excavation/Fill Forested No -760 0.02
Total Wetland Impact (acres) 0.14
Total Temporary Impact (acres) 0.01
Total Permanent Wetland Impact (acre 0.13
3. List the total acreage (estimated) of all existing wetlands on the property:
Total estimated acreage of on-site wetlands within project boundary: 5.03 acres
(218,987 sf)
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 must be included. To calculate acreage, multiply length X
width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial t?
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage) N/A
Page 6 of 13
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 fill, excavation, dredging, flooding, drainage, bulkheads, 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)

Total Open Water Impact (acres) N/A
6
List the cumulative impact to all Waters of the U.S. resulting orn the project:
Stream Impact (acres): N/A
Wetland Impact (acres : 0.39
Open Water Impact (acres): NIA
Total Impact to Waters of the U.S. (acres) 0.39
Total Stream Impact (linear feet): NIA
7. Isolated Waters
Do any isolated waters exist on the property? 0 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.
No impacts to the isolated feature are requested or anticipated.
8. Pond Creation: Yes
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): Z uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater requirements and aesthetics
Current land use in the vicinity of the pond: Land use in the vicinity of the pond is
currently undeveloped.
Size of watershed draining to pond: 29.57 acres (1,295,910 square feet)
Expected pond surface area: 1.71 acres (74,376 square feet)
Page 7 of 13
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be 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.
The Applicant has demonstrated avoidance and minimization by designing the Townhome
community around the majority of on-site wetlands The Applicant has made every effort
to reduce impacts to natural resources. As this is a high density project, curb and gutter,
as well as sidewalks, are proposed. The Applicant is proposing not to include sidewalks in
areas where wetlands are present, which has significantly reduced the potential for
additional impacts to jurisdictional features Also, the Applicant is proposing to
directionally bore the "future stub connection" associated with the sanitary sewer line
(adjacent to "Wetlands Ell). Finally, the water line was relocated, to avoid an additional
wetland impact along Mallory Creek Drive All of these steps and factors demonstrate how
the Applicant has avoided and minimized impacts to jurisdictional features
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 150 linear 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
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
Page 8 of 13
Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/
ncwetlands/strmgide.html.
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.
Mitigation for permanent wetlands impacts associated with this project is offered
through payment to the North Carolina Ecosystem Enhancement Program (NC EEP)
According to NC EEP's website, "EEP facilitates responsible economic development
across North Carolina by offsetting unavoidable damage to the environment EEP
manages the restoration and enhancement of streams and wetlands statewide in [the]
In-Lieu Fee program, through which the state contracts with private-sector companies
to perform the needed offsets". Payment to NC EEP in an amount sufficient to offset
the proposed impacts, will assist the Applicant in achieving the "no net loss" of
wetlands policy set forth by the Corps.
Pursuant to the Army Corps of Engineer's new rules regarding Compensatory
Mitigation for Losses of Aquatic Functions baseline information regarding the impact
sites, as well as the determination of credits will be discussed in this section
Existing plant communities within proposed impact areas include:
• A canopy laver of slash pine (Pinus elliotta red maple (Acer rubrum)red bay
(Persea borbonia), water tupelo (Nyssa aauiatica), and loblolly pine Wings taeda);
• A shrub laver of fetterbush (Leonia lucida) and titi (Cyrilla racemiflora)• and
• An herbaceous/vine layer of laurel-leaf greenbriar (Smilax laurii olia), greenbriar
(Smilax rotundifolia), and cinnamon fern (Osmunda cinnamomea)
Indicators of hydrology include drainage patterns in wetlands water stained leaves
and a prevalence of species with an indicator status that was wetter than facultative
Saturated soil was found at 12 inches below the surface.
Soils mapped within the Droposed impact areas include:
• Foreston loamy fine sand (Aquic Paleudultsl Described by Brunswick County
soil survey as: nearly level, moderately well drained, slow surface runoff-,
moderately rapid permeability; available water capacity is moderate, and, a
seasonal high water table between 21/ 3% feet below the surface
• Leon fine sand (Aeric Haplaquods). Described by Brunswick County soil survey
as: nearly level, poorly drained; slow surface runoff, rapid permeabili in
surface laver, moderate to rapid permeability in subsoil, available water
capacity is low; and, a seasonal high water table at or near the surface.
Page 9 of 13
• Torhunta mucky fine sandy loam (TWic Hunzaquepts). Described by Brunswick
County soil survey as: nearly level, very poorly drained, slow surface runoff;
moderately rapid permeability; available water capacity is moderate; and, a
seasonal high water table %2 - 1%Z feet below the surface.
Payment through EEP is offered at a 1.9:1 ratio, for non-riparian wetland impacts.
The ratio of 1.9:1 was chosen because a ratio of 1:1 should satisfy the "no net loss"
policy of the Corps. The remainder of the mitigation is offered in an effort to off-set
temporal losses of function which may occur due to the time lag of the impacts
occurring and NC EEEP undertaking the mitigation efforts. Pursuant to the
Memorandum of Understanding between the NC EEP (a division of the NC DENR) and
the USACE, once payment is made to NC EEP, they are then responsible for the
compensatory mitigation specified within the issued USACE permit, in this case,
compensation to adequately offset the loss of 0.13 acre non-riparian wetland.
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 hU://h2o.enr.state.nc.us/wrp/index.htm. 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):.
Amount of buffer mitigation requested (square feet):.
Amount of Riparian wetland mitigation requested (acres):.
Amount of Non-riparian wetland mitigation requested (acres): 0.25 acre
Amount of Coastal wetland mitigation requested (acres):.
1. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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)?
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 ?
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 ?
Page 10 of 13
IX. 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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes 0 No 0 If you answered "yes", provide the following information:
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 -
3
i
2
Total
---- --- - 1.5
- ---
------ -
cone i extenas out 3v feet perpentncular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both 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
Storm drains will transport stormwater and runoff, via drop inlets with inlet protection, to
an on-site retention pond. The drop inlets will almost all be laid within the center of the
roadway. Two 30' drainage easements are proposed for this site One runs between
Page 11 of 13
Buildings 179 and 180, and the other between Buildings 51 and 52. Both drainage
easements assist in controlling runoff and transporting it to the stormwater retention pond.
The swales, as proposed, will not be excavated to a depth lower than that of the adjacent
wetlands, therefore, it is not anticipated that these swales will effectively drain adjacent
wetlands.
Existing impervious surfaces total 0%.
Proposed impervious surface of site totals 51%.
According to the engineer:
overall drainage area = 1,301,911 sf
proposed impervious surface area = 666,531 sf
666,531 / 1,301,911= 0.51= 51%
XI. 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.
Sanitary sewer will be provided by North Brunswick Sanitary Sewer District.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No M
Is this an after-the-fact permit application?
Yes ? No M
XII. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated impacts) result in additional
development, which could impact nearby downstream water quality? Yes O No M
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:
This development is a small portion of a Planned Unit Development (PUD) known as
Mallory Creek Plantation. This townhome community could be constructed independently
of Mallory Creek Plantation. The development of Pinnacle Townhomes will not have an
effect on the development of other portions of the PUD, as tentative site plans have been
produced for all portions of the property. Whether or not this townhome community is
developed, it is extremely likely that other portions of the PUD project would be developed.
Impacts to downstream water quality are not anticipated because each individual phase of
the PUD will be required to implement its own sedimentation and erosion control methods,
Page 12 of 13
which, if installed correctly, will assist in reducing the potential for pollutants to enter
North Carolina's waterbodies.
Xlll. 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).
I?
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
EEGENO:
IMPAC( AREAS
1EMPORARY IMPACT AREAS
wa11A,w.1AR reLCUnnoxs
Xl,AmK
WETLANDS TABLE
XEILAN IS 'A' 005 ACRES . 1141 S.F.
XENNOS •B' 159 ACRES " 112751 S.F
XERANOS •C" 1.44 ACRES + 62907 SF
MEnAY)S '0' 115 ACRES = 108-7 ST.
XERANDS i- 002 ACRES . 1059 5.(
m LI NDS 'F' 020 ACRES . 8617 SF
XCTLANDS 'G' 020 ACRES = B537 SF
XCTLANOS 002 ACRES 769 Sr,
.EIUND5 026 ACRES 11759 S.F.
XCILANDS 'J 0,02 ACRES = 990 SF.
707AL ACREAGE OF
W11MOS ON SITE 5.0.1 ACRES = 21,5987 SF.
WETLANDS
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B S A' IS FOR ME PURPOSE OF SNOKR.N6 ICMNO XAPAC' AREAS ONLY
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ME PRELMINARY PLAN HAS BEEN APPROKO BY ME To- O`LELANO
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lltlp:Hgis.brunsco.net/printPreview.aspx?PriniOptData=Pinnacle%20...
Pinnacle Townhomes
I of 2
A'?ac?vYle?nt '-?
Parcel Number 0590001008 Plat Date
Account Number 20354660 Land Value $1,297,920
PIN 219620805219 Building Value $0
Owner STEVENS HOME INVESTMENTS INC Other Value $0
Owner Address 1 Deferred Value $0
Owner Address 2 5710 OLEANDER DR STE 200 Total Taxable Value $1,297,920
City WILMINGTON Heated Sq Ft
State NC Year Built
zip 28403 Bedrooms
Legal Description TR-3 40.56AC MALLORY CRK PLANT PL 34/404 Full Baths
Parcel Street Number Stories
Parcel Street Ext. Wall 1
Street Type Ext. Wall 2
Street Dir Neighborhood 201D
Subdivision MALLORY CREEK PLANTATION Municipality LELAND
Deed Book 2351 Fire Tax District LELAND
Deed Page 1129 Township TOWN CREEK
Deed Date 3/16/2006 Acreage 40.56
Plat Book 0034 Sale Price $0
2/26/2008 10:49 AM
ff, 54, N
T

JUN-U2-2UU8 MON U5 * UU NM ' ERHY TURNER
Ak-1r,aC3r%hneV1*_ -A
FAX NO. 910256U112 N. U2/U5
U.S. ARMY CORPS OF ENGINEERS
Wilmingtoi I District
P.O. Bat 1890
Wilmington, NIA 2$402-'1890
Action ID: 200300659 County: Brunswick
Notice oCJurisdictional Determination
Applicant: Mallory Creek Lan 3 & Timber Co.
c/o Bill Cameron
1904 Eastwood Kc ad, STE 212
Wilmington, NC 21403
Agent: Soil & Envirourne, lal Consultants
c/o Sean Clark
11010 Raven Rids : Rd.
Raleigh, NC 2761,
Quad: Winnabow
Property: The property is adjac(nt to NC Hwy 133, apprc ximately 3 % miles south of U,S. 17, Belville, Brunswick
County, North Carolina. The site i i adjacent to Mallory Cree c, a tributary of the Brunswick River.
Latitude: 34.1881°N; Longitude 77.9989° W.
Basis of Determination: This jur sdietional determination is based on site inspections conducted by Thomas Farrell on
April 3 and May 1, and December 4, 2003, on wetland data i bans supplied by the applicant's consultant, and on a
property survey by Hanover Deisil n Services, P.A., sealed or. December 8, 2003 by Jonathan L. Wayne, PLS, L-3391,
Wetlands addressed in this delinc ation connect to Jaekey's Creek and Piney Branch, which are classified as waters of
the United States.
Indicate which of the following apply:
4 The wetlands on your I)t have been delineated aad the limits of Corps jurisdiction have been
explained to you. L[rA, :ss there is a change in the law or our published regulations, this
determination may be : elied upon for a period riot to exceed 5 years from the date of this
notification. The attache d survey identifies several wetlands that are declared as isolated and are
not regulated by the Ar ny Corps of Engineers at this time. Jurisdiction is based on the wetland
criteria outlined in the A -my Corps of Engineers 1< 87 wetland delineation manual.
a The project is located i i one of the 20 Coastal Counties. You should contact the nearest State
Office of Coastal Manat ement to determine their n ,?quirements.
Placement of-dredged or fill prat trial in wetlands on this property without a Department of the Army permit is in most
cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the
property restricted entirely to a cisting upland. If you hate questions regarding the Corps of Engineers regulatory
program, please contact Thomas 'arrell at [phone].
Project Manager: Thomas Farn 4?D
Date of Verification: Decen-A,cr 19, 2003 Expiration Date: December 19, 2009
Attachnhcnts: (1) A reduced col •y of a survey by Hanauer Design Services, P.A.
(2) Notification c f Administrative Appeal C Iptions
(3) Vicinity Mal
JUN-U?-2UU8 MON U5_UU NIA 'I"EKKY 'I'UKNEH ( Ax NU. 91U2b6U112 N. UJ/Ub

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Applicant: Mallory Creek Land & Timber Co, File Number: 200300659 Date: Dec 19, 2003
c/o Sill Cameron

Attached is: See Section below
INITIAL PROFFERED PERMU' (Standard Permit or Lett';r of emsission A
PROFFERED PERMIT (Standar i Permit or Letter of permission) B
PERMIT DENIAL C
_
XX APPROVED JUR1SDICTIONK, DETERMINATION D
PRELIMINARY JURISDICTIO JAL DETERMINATIO1, E
SECTION 1'-The following identifies:+ttil rxiglitsaild options'regr aiA;ati:adniinistrativ:appealof.tlieraayc'decision:;.:Add;itiorial''.
;•:. : ,

..•• .
;
tnformatiotirrray'befound.athttp:/lus?a'e'.srmy;UtnetlfuncttonSlevr/cecwo(reg;ar'';;:is:,:,::.'::;,;:•,,;'.:5;;,".:;;:,•.:
Corps re ulattons
A: INITIAL PROFFERED PERMIT: Y( u may accept or object to the permit.
• ACCEPT: If you received a Standim Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a LRsttt r of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or a -ceptance of the LOP mci ns that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its ter: ns and conditions, and ap )roved jurisdictional determinations associated with the pi.-.rmit.
• OBJECT. If you object to the permit (Standard or LOP) becau I,e of certain terms and conditions therein, you may request that
the permit be modified accordingly. "ou must complete Sectio i II of this form and return the form to the district engineer.
Your objections must be received by the district engineer withi a 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. UI on receipt of your letter, I he district engineer will evaluate your objections and may: (a)
modify the permit to address all of y( ur concerns, (b) modify tl re permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued a,s previously written. After evaluating your objections, the
district engineer will send you a prof. bred permit for your reco uideration, as indicated in Section I3 below,
B: PROFFERED PERMIT: You may aci ept or appeal the permit
• ACCEPT: If you received a Stand.ar. I Permit, you may sign th+; permit document and return it to the district engineer for final
authorization. If you received a Letts r of Permission (LOP), ylru may accept the LOP and your work is authorized. Your
signature on the Standard Permit or a -eeptance of the LOP me; ins that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its -ter ns and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline t ie proffered permit (Stan ,ard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit unde • the Corps of Engineers r?dministrative Appeal Process by completing Section II of this
form and sending the form to the div sion engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appea' the denial of a permit un, ter the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and se iding the form to the divi: ion engineer, This form must be received by the division
engineer within 60 days of the date of thi i notice.
D: APPROVED JURISDICTIONAL :pI TERMINATION: You r. iay accept or appeal the approved JD or provide new information.
a ACCEPT: You do not need to nodf, the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you a :eept the approved JD in i is entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the a pproved JD, you may ap; eal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Secti+ n II of this form and sent ing the form to the division engineer. This form must be received
by the division engineer within 60 d; .ys of the date of this notii;e,
E: PRELIMINARY JURISDICTIONALI DETERMINATION: Yi m do not need to respond to the Corps regarding the preli,ninary
JD_ The Preliminary JD is not appeals.bl• % If you wish, you may n quest an approved JD (which may be appealed), by contacting
the Corps district for further instruction. Also you may provide ne rr information for further consideration by the Corps to rc-tvatuate
the JD.
'1 tip "5:i.,.:li'. • i«• .• '+'' +.

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'; .'r ;.'• :. _>' ti? til:'+
QPrTTOV If'- RF.OTIRST•Rf1R`'APPFAI: At-.ORIF.CTIONS TO A'J INITIAL:.PRO'FFEREa.-PE:RMiT':?.;':::..'1,::."' ' .---,'s.
Attaclune nt
r "?
JUN-U2-;JUU8 MUN Ub:U1 Fl9 TI;KKY WKNEK MX NU. UIU?bbUll? Y. U4/Ub
REASONS FOR APPEAL OR OBJECTIC NS: (Describe your reas(ns for appealing the decision or your objections to an initial
proffered permit in clear concise statement, . You may attach additie nal information to this form to clarify where your reasons or
objections are addressed in the administhati ve record.)
ADDITIONAL INFORMATION: The app lea] is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting , and any supplemental i.r formation that the review officer has determined is needed to
clarify the administrative record. Neither he appellant nor the Corps may add new information or analyses to the record. Ho'rvever,
%-11 ?,,A., "Mvide additional information tc clarify the location of ini ormation that is already in the administrative record.
'POINT.-W..C. QNTACTFOi ; Qubt;,t; tuty 1!
If you have questions regarding this decis: on
process you may contact:
USACE Wilmington District
Regulatory Section
Wilmington, NC 28402
Atm.- Thomas Farrell
910.251-4466
ORMATIO$::, -
the appeal ]f you only have questions regarding the appeal process you may
also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
40 Forsyth Street, Room 9M15
Atlanta, Georgia 303038801
RIGHT OF ENTRY: Your signature t,el, w grants the right of entr r to Corps of Engineers personnel, and any government
consultants, to conduct investigations of 1 he project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will Lave the opportunity to a:ticipate in all site investigations.
Date: Telephone number.-
signature of appellant or agent.
Attadw ent 2-

C.

JUN-02-2008 MON 05:01 PM 'PERKY TURNER
-r.. r
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FAX NO. 9102560112
LMINGTON, N. C.
N3407.5---W7752.5/7.5
1870 t
PIDTOREVISED 1979
DMA 5652 111 NW-SERIES V862
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KMITIemenl
UJI PROGRAM
June 27, 2008
Mr. Craig Stevens
Stevens Home Investment, Inc
5710 Oleander Drive. Suite 210
Wilmington, NC 28403 Expiration of Acceptance: October 15, 2008
Project: Pinnacle Townhomes County: Brunswick
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The arnuant of the in tieu Fee to be paid to NCEEP by an applicant is ca cu a e Based upon the Fee Schedule an
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Cape Fear
03030005 Stream (feet) Wetlands (acres) Buffer 1
(Sq. Ft.) Buffer I1
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts 0 0 0 0 0.13 0 0 0
Credits 0 0 0 0 0.26 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
r
Q??
& William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kim Garvey, USACE-Wilmington
Chad Coburn, NCDWQ-Wilmington
Amanda Kolb, agent
File
RP.stoYr r-t9... ... Prot7" O"r ft&&
eA
ORDER
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net
11-11kA1Zaclnlnnelnk- 0\
62,'10.'2608 _^•1.26 9104522899 SEGI
PAGE 0i6
SEGO
Southern Environmental Group,
Environmental, pevelopnicrit, and Conservation Advi5or5
www.5csi.us
L,ctter O Aycnc
hereby rant
Southern environmental Group, Inc., (SE-Gi) the r•
'gl,t to represent
'eVeV1S ?nucS`v?-- C??'r1C.1n matters regarding environmental consulting
services on real property owned 6.9/tInder Contract
y / S?Ycan? ??Cbv? G
_?nV 5 ?'V?c?n?S 1?r,C-. CP10:oSJOCO1OO'})
at i n
W ???v,abow?l,?_ shol_ ,?? _ T?c-v?nSv.l ? r?.., _ _
Count(/Countics, North Carolina.
Lai n
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Da t --
5315 South College Road, Suite E • Wilmington, Nortk Carolina Zb41 z
91 0.'t5Z.271 1 • Fax [phone].za99 1, office®aegi.us