20060930 Ver 7_401 Application_20180318

A!SLMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
March 13, 2018
TO: Mr. Chad Coburn
NCDEQ
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 WQC Application for Autumn Hall Town Center; New Hanover County, NC
DWQ# 2006-0930v5
Dear Chad:
Enclosed is a 401 Water Quality Certification application for your review, which is submitted on behalf of
Autumn Hall Incorporated for the Autumn Hall Town Center in Wilmington, NC. The applicant is proposing
to complete the construction of a mixed-use development with 281 single-family lots, 33 townhomes, and
a town center with offices, retail stores, condominiums, and a hotel. Previous NWPs and 401 WQCs have
been issued for this project, which authorized permanent impacts to 0.115 acre of wetlands and 147 LF of
stream and temporary impacts to 0.021 acre of wetlands and 154 LF of stream. All impacts except for
Wetland Impact #2 were installed prior to the expiration of the permits. We are requesting a new 401
WQC to complete this temporary impact. To mitigate for these activities, the applicant bought into the NC
Ecosystem Enhancement Program for the restoration of 68 LF of stream, restored 174 linear feet of
stream on site, and preserved remaining wetlands and streams on site.
Please review this permit application and contact me if you have any questions. Copies of the application
and the DWR application fee have been submitted to your Raleigh office. Thank you for your assistance
with this project.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. D. Webster Trask, Autumn Hall Incorporated
Mr. John Tunstall, Norris and Tunstall
Ms. Jennifer Burdette, DWR
RECEIVED
MAR 21 2018
DENR-LAND QUALITY
STORMWATER PERMITTING
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
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:
1c.
Has the NWP or GP number been verified by the Corps?
N Yes
❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes N No
For the record only for Corps Permit:
❑ Yes N 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. ALREADY PAID
N Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
N Yes
❑ No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
N No
2.
Project Information
2a.
Name of project:
Autumn Hall
2b. County:
New Hanover
2c.
Nearest municipality / town:
Wilmington
2d.
Subdivision name:
Autumn Hall
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
D. Webster Trask Revocable Trust
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
Mr. D. Webster Trask
3d. Street address:
1202 Eastwood Road
3e.
City, state, zip:
Wilmington, NC 28403
3f.
Telephone no.:
[phone]
3g.
Fax no.:
3h.
Email address:
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ❑ Other, specify: Owner
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 11

B. Project Information and Prior Project History
1. Property Identification
Multiple, as many lots have been sold within larger
1a. Property identification no. (tax PIN or parcel ID):
development. Proposed wetland impact is located
within R05000-004-147-000
1 b. Site coordinates (in decimal degrees):
Latitude: 34.2349 Longitude: 77.8507
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
235.95 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
UT to Bradley Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
SC
2c. River basin:
Cape Fear River Basin
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:
Development within Autumn Hall has been on-going for several years, The site is mostly developed and contains some
commercial development off of Eastwood Road and residential development in the western portion of the site. The
eastern portion has been cleared. Development in the vicinity of the project area is residential, commercial, or
undeveloped.
3b. List the total estimated acreage of all existing wetlands on the property:
10.85 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
4,700 linear feet
3d. Explain the purpose of the proposed project.-
roject:The
Theproposed work is required to provide access and utilities throughout the site.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project consists of a mixed use development with 281 single-family lots, 33 townhomes, and a town center
with offices, retail stores, condominiums, and a hotel. The applicant will initially complete grading. Planned roads
and stormwater conveyances will be constructed. Infrastructure such as water will then be installed. Finally, lots will
be sold for individual development. Much of this development is underway. All previously authorized impacts have
been installed expect for Wetland Impact #2.
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
[:1 Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Land Management Group, Inc.
Name (if known): Paul Farley
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Jennifer Frye of the USACE signed a wetland survey on July 22, 2004. Emily Hughes of the USACE issued a JD on
March 1, 2012 (Action ID# SAW -2006-40204-065). Kyle Dahl issued a JD on 9/15/17 (Action ID# SAW -2003-
00553).
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
S. 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 NWP 39 was issued on 2/20/07 and a 401 WQC was issued on 12/13/06 for permanent impacts to 0.115 acre of
wetlands and 147 LF of stream and temporary impacts to 0.021 acre of wetlands and 154 LF of stream. The permits
expired prior to project completion. A NWP 29 was issued in October of 2009 that reflected a revised site plan. This
permit expired and impacts were not completed. This NWP 29 was reauthorized on March 1, 2012 (2006-40204-065) and
the 401 WQC was reauthorized in February of 2012 (DWQ# 2006-0930v5). Another NWP 29/401 WQC was issued in
2015 to complete Wetland Impact #2. These permits have expired. This NWP application is again submitted to complete
Impact #2. The site plan is the same as what was submitted and authorized in 2015.
6. Future Project Plans
is a phased project?
❑ Yes ® No
s, explain.
E
Page 4 of 11

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 T
W1 ®P ❑ T
Road and Utility
Crossing
404 Freshwater
® Yes
❑ No
® Corps
® DWQ
.115 (installed)
W2 ❑ P ®T
Excavation for
Utility Installation
404 Freshwater
® Yes
El No
® Corps
® DWQ
021
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
.136 acres
2h. Comments: Project comprises of 0.115 acre of permanent wetland impacts and 0.021 ac of temporary wetland impacts.
Impact W1 has already been installed under previous NWP 29.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
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
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Road
UT to Bradley
® PER
® Corps
—10
147
Crossing/Culvert
Creek
❑ INT
® DWQ
(installed)
S2 [:]POT
Utility Crossing
UT to Bradley
Creek
® PER
❑ INT
® Corps
® DWQ
—10
15
(installed)
S3 ❑ POT
Culvert
UT to Bradley
® PER
® Corps
—10
46
Maintenance
Creek
❑ INT
® DWQ
(installed)
S4 ® P ❑ T
Road
UT to Bradley
® PER
® Corps
—10
40
Crossing/Culvert
Creek
❑ INT
® DWQ
(installed)
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
248
3i. Comments: Project comprises of 187 LF of permanent stream impacts and 61 LF of temporary stream impacts. All stream
impacts have been installed under previous NWP.
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below. N/A
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
N/A
P2
5f. Total
N/A
5g. Comments: Applicant has a stormwater permit for all constructed and proposed stormwater ponds.
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
N/A
5j. Size of pond watershed (acres):
N/A
5k. Method of construction:
Excavation of upland acreage
6. Buffer Impacts (for DWQ)
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. N/A
6a.
❑ Neuse El Tar -Pamlico E] 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 T
impact
re uired?
EI Yes
B1 ❑P❑T
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
El Yes
B3 ❑P❑T
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11

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.
The applicant has taken great care in the site design in order to minimize impacts to 404 wetlands and streams.
However, the tip of a wetland finger (Impact #1) was disturbed by the side slopes of a proposed road. Another
wetland area (#2) will be temporarily impacted from the installation of a storm drain. Three stream crossings were
needed and have already been constructed. Stream impact #1 was needed to tie the subdivision into Clear Run
Drive, as required by the City. This crossing was relatively long (147 LF) because of the irregular shape of the
property boundary in this area and the need to maintain proper road curvature. Stream impact #2 was a 15'
temporary impact needed to install a storm drain. Stream impact #3 replaced an existing culvert off of Clear Run
Drive, as required by the City.
1 b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction has included a series of silt fences around wetland/stream areas to control sediment erosion.
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
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
®Payment to in -lieu fee program
® Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank N/A
3a.
Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
® Yes Already Paid
4b.
Stream mitigation requested:
68 linear feet
4c.
If using stream mitigation, stream temperature:
® warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
N/A square feet
4e.
Riparian wetland mitigation requested:
N/A acres
4f.
Non -riparian wetland mitigation requested:
N/A acres
4g.
Coastal (tidal) wetland mitigation requested:
N/A acres
4h. Comments: The applicant has already paid into the EEP for the restoration of 68 LF of stream. This was a condition
of the previous Nationwide Permit.
5.
Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 11
PCN Form —Version 1.3 December 10, 2008 Version

5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
In accordance with the previously approved mitigation plan, the applicant restored 174 LF of stream on site by removing
an existing culvert and excavating a new channel. Additionally, 44 stems were planted along the banks of the restored
channel. Finally, remaining wetlands and streams have been preserved (see attached map).
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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 8 of 11

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
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?
68%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
A stormwater permit has been obtained by Norris and Tunstall Engineers
❑ 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
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 9 of 11
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)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
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 to surrounding development. Remaining wetlands and streams 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 existing public utilities.
Page 10 of 11
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. According to
their database, several rare species are known to occur near the project area, but not within it. Also, most observations
are historic.
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?
Site does not contain estuarine habitat that would be suitable for federally -managed species.
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 State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of
cultural or historic resources. No cultural or historic resources were noted within this site.
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? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100 -year floodplain.
Kim Williams
3/13/18
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 11 of 11

Jurisdictional Determination Request
IJ. PROPERTY ONVNi ER CER i lFICATIOi "
I, the undersigned, a duly authorized owner of record of the property properties identified he;rcia,
cera authorize represett,ativcs of the Wilmington District, G.S. Array Corps of Engineers (Corps)
to enter uport the property he.rela described for the purpose of conducting on-site invcstigat ons
and issuing a determination associated with Waters of the U.S. subicet to Federal jurisdiction
Wider Section 404 of the Clean %Vate:r Act and/or- Section lfl of the Rivers and Harbors ;pct of
1899.
D. W bster Trask Revocable Trust
Property Owner (please print) Bate
Property Owner Signature.
F. JURISDICTIONAL DETFRMINATION TYPE...
Sciect Cine::
I am requesting that the Corps provide a prelirninary JD for the property identified herein.
This request docs include a delineation.
I ani requ::stin4g that the Corps provide r prc-linting.ar 1U for the property identified her6n.
This request does NOT include a delineation.
I am requesEing that the Carps investigate: tlic propertyiproject arca for the presence or
absence of WuUS� wed provide: ara aitrrovud.;iD :-car ttry property iden ified herein. -]"his
request dues NOT include a rec uest for ti verified delineation.
ElI am requesting that the; Corps delineate the boundaries oi'all WoU5 on a property:{proje ct
area and provide an �ipr€aved JD (this teem.. or may not. include a survey plat,).
I am rectue-ging that the CoTps evriluate and approve n delineation of Woj`S (.conducted
by others) on a property pro ect arc a and provide a=.r pproxc,d !D {teem- Ear may not
include ;t smvuy ):hal).
For NC:DD rec;Lests follovvInC the current NCD0 T j USACE pro cools, skip to Part E.
wa'crs of the United States
Ve,rsusn. D t_L`r..ber MI -3 Par,,, 4

•
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. (LMG) to act as our
agent in the determination of jurisdictional wetland boundaries on the subject
Parcel 805000 004 147 000
property, By way of this form,
I/we additionally authorize access to the site by representatives of the US Army Corps of
Engineers (COE) and the NC Division of Coastal Management (NC DCM) for the purpose of
reviewing the flagged wetland boundary and providing a final jurisdictional determination.
Any questions regarding the jurisdictional determination should be directed to LMG.
Please provide the following information:
Property Address and Parcel ID Number: R05OW 004 147 000
Current Property Owner Name: D, Webster Trask, Revocable Trust
as s,Yeods Road, ming on NU Z8403
Owner Address and Phone Number: 91f)_.1,3_o725
Please answer the followine questions (circle Yes or No):
1. Are you the current owner of the property? Yes or No
2. If you are not the current owner, do you have a op ion to purchase or a contract to
purchase that allows for environmental due -diligence including the determination of
wetlands? Yes or No
3. If you answered no to the questions above, do you have an existing lease agreement or
option to enter into a lease agreement? Yes or No
Name of Individual/Entity:
Signature of Authorized Representative:
Date:
wNm—lmgraup.ned • Phone- 910.452.4001 • F.tx: 9100-52.0060
3805 Wi-ightsville A%e., Suite 15, Wilitington,1C 28403

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Oceanic Pier
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Autumn Hall Town Center Land Management Group, Inc.
Environmental Consultants Figure 1
Autumn Hall Inc.
New Hanover County, NC Wilmington, N.C. Vicinity Map
February 2015 1 d

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Autumn Hall Town Center
Autumn Hall Inc.
Land Management Group, Inc.
Environmental Consultants
Figure 2
New Hanover County, NC
Wilmington, N.C.
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id: SAW -2006-40204 County: New Hanover U.S.G.S. Quad: Wrightsville Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Raiford Trask
Autumn Hall Incorporated
1051 Military Cutoff Road, Suite 200
Wilmington, North Carolina 28405
Agent: Kim Williams
Land Management Croup, Inc.
3805 Wrint►tsville Avenue. Suite 15
Wilaiington,:North Carolina 28403
Size (acres) 235.95 Acres Nearest Town Wilmington
Nearest Waterway Bradley Creek River Basin New River
USGS HUC 03030001 Coordinates Latitude: 34.2295 N
Longitude: -77.8492 W
Location description: The 235.95 acre tract is located along Eastwood Road, between Cardinal Drive South and Rogersville
Road in the City of Wilmington, New Hanover County, North Carolina.
Description of projects area and activity: The project will temporarily place fill material within 0.021 acres of iurisdietional
wetlands for the purpose of installing a 72 -inch stormwater pipe. This temporary impact was previously authorized, however
was not constructed. This proposed project contains minor modification to the Previously authorized plans, however the
impact areas are the same.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29 — Residential Development
SEE ATTACHED NWP GENERAL and REGIONAL 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 application, specifically the enclosed plans and drawings titled "Autumn Hall Town Center;
Wetland Impacts #5 and #6 Plan View; Wilmington, NC" dated September 24, 2014. 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 Resources (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 Morehead City, 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
program, please contact me at 910-251-4469 or kyle.i.dahl(ausace.army.mil.
Corps Regulatory Official:
Expiration Date of Verification:
of the Permit, or the Corps of Engineers regulatory
Date: April 6, 2015
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 online at hgp://per2.nyX.usace.army.mil/survey.html.

AA
.r:..:.s�..�.....
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 20, 2015
Autumn Hall Inc.
Mr. D. Webster Trask
1202 Eastwood Road
Wilmington NC 28403
Subject Property: Autumn Hall — Wilmington
Donald R. van der Vaart
Secretary
New Hanover County
DWR Project #: 06-0930v6
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Trask,
You have our approval, in accordance with the attached conditions and those listed below, to
temporarily impact 0.021 acres of 404 wetlands to complete the construction of a mixed use
development as described within your application received by the Division on February 23, 2015.
After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number 3890 (GC 3890).
This Certification allows you to use the Nationwide Permit 29 (NW29) when issued by the U.S.
Army Corps of Engineers. 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 Permit. This Certification can also be found on
line at: ht!p:llportal.iiedenr.orgLweb/wg/sM/ws/401/certsandpen-nits,
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.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: 910-796:72151 Internet: www,nodenr.gov
An Equal Opportunity l Affirmative Action Employer - Made in part by recycled paper

2
Autumn Hall
New Hanover County
2006-0930v6
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification(s)/Permit/Authorization and is
responsible for complying with all conditions.
2. 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 for this
project. 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. Approved plans and
specifications for this project are incorporated by reference and are enforceable parts of this
permit.
3. This General Certification shall expire on the same day as the expiration date of the
corresponding 404 Permit. The conditions in effect on the date of issuance of the Certification
for a specific project shall remain in effect for the life of the project, regardless of the expiration
of this Certification.
4. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of
State and Federal law. If the Division determines that such standards or laws are not being met,
including failure to sustain a designated or achieved use, or that State or Federal law is being
violated, or that further conditions are necessary to assure compliance, than the Division may
reevaluate and modify this General Water Resources Certification.
Any final construction plans for this project must include or reference the application and plans
approved by the Division under this authorization letter and certification. It shall be the
responsibility of the permittee to review all construction drawings with the approved permit
drawings to determine that the drawings are consistent. The applicant shall require the
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at all
times. Documentation via letter or e-mail must be provided to the Division prior to the start of
construction confirming that the construction drawings are consistent with the permitted
drawings. If the drawings are not consistent, the applicant is required to notify the Division, c/o
Chad Coburn, Wilmington Regional Office and address the inconsistencies prior to working in
wetlands.
6. Sediment and Erosion Control Measures
Sediment and erosion control measures shall be in place prior to ANY land disturbing activities
commencing. The silt fences shall be installed in accordance to plan and the side cast from the
•

3
Autumn Hall
New Hanover County
2006-0930v6
trenching shall be placed on the impacted side of the fence and NOT the side of the wetland that
is to be left undisturbed. The permittee must maintain the fencing, at a minimum, until the
Division of Energy, Minerals and Land resources, Land Quality Section, releases the site from
their sedimentation and erosion control requirements. The fencing must then be removed within
6 weeks.
7. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable.
8. Turbidity
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as
described in 15A NCAC 2B 0200. Appropriate sediment and erosion control practices must be
used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this
Office if any turbidity issues arise at 910.796.7215.
9. All mechanized equipment operated near surface waters or wetlands will be regularly inspected
and maintained to prevent contamination of waters and wetlands from fuels, lubricants,
hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical
spill, the permittee/contractor shall immediately contact the Division of Water Resources,
between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after
hours and on weekends call [phone]. Management of such spills shall comply with
provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act.
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Resources, 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 Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).

4
Autumn Hall
New Hanover County
2006-0930v6
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796-
7215.
Sincerely,
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Enclosures: Certificate of Completion
GC 3890
cc: Kim Williams — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
Kyle Dahl — USACE Wilmington Field Office
Karen Higgins — 401 and Buffer Permitting Unit
W iRO
A

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2003-00553 County: New Hanover U.S.G.S. Quad: NC- Wrightsville Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: D. Webster Trask
1202 Eastwood Road
Wilmington, North Carolina 28403
Agent: Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Size (acres) Approximately 102 acres Nearest Town Wilmington
Nearest Waterway AIWW River Basin White Oak
USGS HUC 03020302 Coordinates Latitude: 34.2362 N
Longitude: -77.8477 W
Location description: The review area is located near 1202 Autumn Hall Drive (Parcels R05000-004-006-000, R05000-
004-009-000, 805000-004-008-000, 805000-004-010-000, R05000-004-147-000, R05000-004-005-000), in the City of
Wilmington, New Hanover County, North Carolina.
Indicate Which of the Following APP :
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
_ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change 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 project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ 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.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
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.
Page 1 of 2

TA
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
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 Kyle Dahl at 910-251-4469 or
Kyle.J.Dahl(a),usace.army.mil.
C. Basis For Determination: Please see the attached Approved Jurisdictional Determination Form. The
enclosed survey titled "Autumn Hail, Preliminary Upland/ Wetland Sketch", dated September 2017,
accurately depicts the extent of jurisdictional waters of the U.S. on-site.
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 vietland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: 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 15, 2017
**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 15, 2017 Expiration Date: September 15, 2022

!I
1
Autumn Hall LMG
New Hanover County, NC 4
www.lmgroup.net
September 2017 3805 Wrightsville Avenue
'Boundaries are approximate and are not meant to be absolute _VIS # 40-17-099 Wilmington, NC 28403
Map Source: 2016 NC One Map Imagery Phone: [phone] Fax [phone]
.
444
•.
Figure 7
Preliminary
Upland/Wetland Sketch
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MAR 21 2018
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1
Autumn Hall LMG
New Hanover County, NC 4
www.lmgroup.net
September 2017 3805 Wrightsville Avenue
'Boundaries are approximate and are not meant to be absolute _VIS # 40-17-099 Wilmington, NC 28403
Map Source: 2016 NC One Map Imagery Phone: [phone] Fax [phone]
.
444
•.
Figure 7
Preliminary
Upland/Wetland Sketch
RECEIVED
MAR 21 2018
DENR-LAND QUALI
STORMWATER PERMI
SCALE 1" = 500'
(when printed at 11 "x17")

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OF TPL MEM HANOVER COUNTY REGISTRY
WILMINGTON TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
SCALE: 1'- 200' POK FEBRUARY 72, 2007
RAIFORD G. TRASK. JR., TRUSTEE emder the Raiford G. Trask, Jr.
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