20050130 Ver 1_COMPLETE FILE_20050124

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 28, 2005
TCT,LLC
Raiford Trask, III
C/O Cape Fear ROD Company
302-A Raleigh Street
Wilmington, NC 28412
Re: Permit Application for proposed fill of waters of the US for the Renaissance Business Park III
New Hanover County, DWQ No. 050130
Dear Mr. Trask:
The Division of Water Quality (DWQ) has reviewed your original submittal for a 401 Water Quality Certification
received January 24, 2005. Review of your application revealed that it lacking necessary information required for
making an informed permit decision. The permit application was deficient in the following areas:
1. There is no. concurrence from the Corps of Engineers that the waters of the U.S. that are proposed for
impact have been identified properly. The application includes a letter from the Corps of Engineers
(USAGE) indicating that there are waters of the U.S. on the site. However, there is no signed survey (or
other mapping) to indicate that the areas for proposed impact are the same areas identified by the Corps of
Engineers during their site visit. The application does include a letter dated December 22, 2003 from Mr.
Jim Spangler from Spangler Environmental, Inc. to Ms. Angie Pennock of the USACE detailing the areas
that she determined the waters of the U.S. during her site visit. However, the letter appears to identify an
area of jurisdictional waters that are presently authorized as an onsite stream mitigation site for the NC
Department of Transportation's Military Cutoff Road widening project. The letter makes no reference to
the 2 drainage features that drain to the referenced stream segment (i.e. the proposed DOT mitigation site)
and are proposed for impact with the application. Furthermore, it is not clear from the application whether
the jurisdictional waters that are proposed as a mitigation site for the Military Cutoff Road project are
proposed for fill by the January 24, 2005 application. Therefore, to properly process your application, the
DWQ requests that you please provide a map (or series of maps) that includes the following information:
The entire Renaissance Park III and the Renaissance & Research Park areas. The map shall
include the entire area in question including the Renaissance Park III, the Renaissance & Research
Park, and any other developments for the same geographic area regardless of the name under
which it was authorized or proposed for authorization. The area in question includes the land area
located on the east side of Military Cutoff Road from Howe Creek south to the farthest southern
,limit of the Renaissance Park III shown in your application,
• The areas of proposed widening of the Military Cutoff Road on, and immediately adjacent to, the
same properties,
• All jurisdictional waters of the U.S. on the aforementioned properties as well as the immediately
adjacent DOT Right-of-Way,
IVY` Carolina
tllCQ???J
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
9391 r..rohfrnn Rnulnvnrri Cniin 95n Pnininh Nnrlh r:arnlina 97Rnd
• All the identified waters of the U.S. shall be clearly labeled in regards to the field determination
made by the Corps of Engineers,
• A map signed by the USACE with all pertinent jurisdictional determinations,
• The areas of proposed onsite mitigation approved by the 401 Water Quality Certification issued to
the DOT on March 17, 2004, by the NC Division of Water Quality,
• The locations of all existing and approved future culverts (see 401 Water Quality Certification
dated March 17, 2004) under the Military Cutoff Road,
• All previously authorized impacts to waters of the U.S. for the entire area in question including the
Renaissance Park III, the Renaissance & Research Park, and any other developments for the same
geographic area regardless of the name under which it was authorized. The area in question
includes the land area located on the east side of Military Cutoff Road from Howe Creek south to
the farthest southern limit of the Renaissance Park III shown in your application
2. Your application received January 24, 2005 indicates that the project area in question (Renaissance Park
III) was an approved state stormwater permit previously authorized by the NC Division of Water Quality.
If this is the case; then it is likely that this project may require, a modification of the existing 401 Water
Quality Certification for the Renaissance and Research Park. Certainly, in compliance with 15A NCAC 2H
.0506 (c)(4) the proposed impacts for this application will need' to be considered in conjunction (cumulative
impacts) with any previous impacts from the adjacent property given that they entire appears to have been
authorized by a single state stormwater permit. Please provide a copy of the issued state stormwater permit
(and corresponding mapping that displays the area approved) for the site(s) previously identified in Item 1
of this correspondence. In addition, your application, as proposed, does not include any information about
the secondary and cumulative impacts resultant from the project and their effects on downstream water
quality. Please provide an appropriate assessment of the cumulative impacts resulting from your project
and the effects that those impacts will have on downstream water quality to Howe Creek.
3. Your application received January 24, 2005 fails to present the necessary information to demonstrate
appropriate avoidance and minimization has occurred on your project as it is presently designed. Until
additional information is provided that adequately addresses this issue, we cannot complete our review of
your application. Please provide a detailed explanation that details all avoidance and minimization
- undertaken in developing your proposed design.
4. Your application received January 24, 2005 was lacking some additional information that is required to
make a decision on your application. The areas of deficiency have been identified by a marked "X" on the
Checklist of Minimum Criteria for a 401 Water Quality Certification (attached).
Therefore, pursuant to 15A NCAC 211.0507(a)(5), we will have to place the permit application on hold until we are
supplied the necessary information. Furthermore, until the NC Division of Water Quality receives the information,
we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on hold.

Hopefully, we can work together to expedite the processing of your permit application. Given the complexity and
ambiguity associated with this permit application, as well as the pending litigation on the 401 Water Quality
Certification issued for the Military Cutoff Project, please direct all future correspondence to John Hennessy with
the NCDWQ. In addition, please coordinate all future communications and meetings about this application with Mr.
Hennessy. He can be contacted at 919-733-5694, or [e-mail]. Finally, to promote clarity of
communication, the NC Division of Water Quality would like to be invited to any site visits that might be
coordinated with the USACE. We appreciate your cooperation while we work through the processing of your
application.
?G
Alan W. Klimek, P?
Director
cc: Margaret Eagles, NC Attorney General's Office (Environmental Section)
Linda Lewis, NC Division of Water Quality Wilmington Regional Office
,Bradley Bennett, NC Division of Water Quality
Noelle Lutheran, DWQ Wilmington Regional. Office
Dave Timpy, US Army Corps of Engineers Wilmington Field Office
Angie Pennock, US Army Corps of Engineers Asheville Field Office
Danny Smith, NCDWQ
Jim Spangler, Spangler Environmental
File Copy
C:ncdot\research & renaissance park\correspondence\050130hld.doc
Checklist of Minimum Criteria for a 401 Water Quality Certification
Vicinity Map
The Vicinity Map shall include, at a minimum:
- A legible map of sufficient scale to allow someone not familiar with the project to locate the site
- Area roads, streams, and any other topographically significant identifiers to allow someone to locate the
anticipated impacts site(s), preferably shown on a USGS 1:24,000 topographic quad sheet
For projects located in river basins with protected riparian buffers, a map with the project location
superimposed on the county soil survey is recommended
- The map shall have a north arrow and scale
Site Map
The Site Map shall include, at a minimum:
- Plan View of the project design
X A cross-sectional view of all impact sites
X The scale of plan needs to be appropriate to enable review and compliance determination to be made
X The plan needs a north arrow, a map scale, and needs to be. drawn to scale
X The plan needs to show and clearly identify all jurisdictional wetlands, streams, and buffers shown
A proposed project design including (in jurisdictional areas):
All proposed fills
All proposed excavations
- All proposed clearing
- All anticipated construction impacts (temporary and permanent)
Proposed stream relocations
- Proposed stream stabilization practices
- Proposed stormwater design and BMPs
Project Description
The application shall include, at a minimum:
A project narrative that describes
_ The project purpose and need
_ Work to be done
Equipment to be used
Proposed construction methods (especially for bridge construction projects)
_ Project staging
X All avoidance and minimization measures used
History of project planning including:
A discussion on any environmental documents
A brief discussion on alternatives considered in environmental document
A discussion about the selected preferred alternative
A discussion on all environmental commitments made during the planning of the project
A
Impacts
All proposed impacts need to be presented in a table of impacts. If the project involves the use of a Nationwide or
General Permits, use the Preconstruction Notification form. If an individual permit is required then provide:
A table of anticipated impacts (temporary and permanent) to all wetlands, streams and protected riparian
buffers.
Mitigation Plan
It is understood that a letter from the NCWRP agreeing to provide the required mitigation will be an acceptable
mitigation plan. Similarly, the intent to use an approved, existing mitigation bank or site should be described. In the
absence of a these option, the following information is required:
Offsite Wetland and Stream Mitigation Bank or In-lieu Fee Program
VW Letter (must be included in 401 WQC application)
EEP Letter (when applicable)
_ Approved Mitigation Bank
Name of Bank:
Proposed Quantity and Type of Credits:
Onsite and/or Offsite Wetland Mitigation Plan
- Discussion of the proposed project and project design
- Proposed Planting Plan that includes species to be planted, planting densities, planting widths and techniques
_ Proposed Monitoring Plan
- Proposed Hydrologic and Vegetation Success Criteria
Proposed Conservation Easement
Proposed Ratios
Onsite and/or Offsite Stream Mitigation Plan
Discussion of the proposed project and project design
Geomorphological data for existing and proposed stream as well as the reference reach consistent with
Appendix B in the Internal Technical Guide Stream Work in North Carolina, Apri12001, Version 3.0.
Sediment Transport Analysis for reference reach and proposed stream
Proposed Planting Plan for stream buffer that includes species to be planted, planting densities, and
techniques
Proposed Monitoring Plan
Proposed Success Criteria
Proposed Conservation Easement
Proposed Ratios
Other options (enhancement and preservation as described in DWQ's most recent stream mitigation policy
dated May 2000)
Onsite and/or offsite buffer mitigation plan (see 15A NCAC 2B. 0242(9),.0244(9), and.0260(9))
Proposed Planting Plan
Proposed Monitoring Plan
Proposed Success Criteria (see 15A NCAC 2B .0242,.0244, and .0260)
Utilities
When projects necessitate the relocation of utility infrastructure the following information is required:
X A quantification of any anticipated impacts (if applicable),
Appropriate mapping that displays the proposed relocations superimposed on the impacted wetlands, streams,
or buffers
A mitigation plan for impacts associated with utility relocations (resource specific thresholds apply).
05()1 SPANGLER
ENVIRONMENTAL, INC.
Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimony
Date:
Name:
LETTER OF TRANSMITT P }?f`?f7:??^
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WEARESENDING YOU:
VESAttached
Shop Drawings
Letters
Reports
COPIES DATE
Under Separate Cover via
Specifications
Change Order
Computer Disk
Invoices
Reproducibles
Samples
DESCRIPTION
'763,K ??PPIKYS -0,C NHI-"' 29
THESE ARE TRANSMITTED as checked below:
For Approval Approved as Submitted
For Your Use Approved as Noted
As Requested Return for Corrections
For Review & Comment FOR BIDS DUE
COMMENTS:
SIGNED:
Resubmit
Submit
Return
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Copies for Approval
- Copies for Distribution
Corrected Prints
Other
CC: A_7j?j ,
224.Eafiett*l?Areet Mall, Suite 400 P.O. Box 387 Raleigh, N.C. 27602 tel [phone] tax 919-546-0757
3961-B Market Street Wilmington, N.C. 28403 tel [phone] fax [phone]-SPANGLER www.spanglerenvironmental.com
V __ . rK
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ 4 501 30
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
Section 10 Permit
X 401 Water Quality Certification
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWT 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: TCT LLC
Mailing Address: Raiford Trask, III, Manager
C/o Cape Fear Rod Company
302-A Raleigh Street
Wilmington, NC 28412
Telephone Number: 910-350-0494 Fax Number: 910-350-2878
E-mail Address: rtrask(a),capefearrodcompany.com
2. Agent 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: Jim Spangler
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: PO Box 387
Raleigh, NC 27602
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: jpangler(a),spanglerenvironmental.com
Page 3 of 12
17 It
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: Renaissance Business Park
2. T.I.P. Project Number (NCDOT Only):. NA
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): East side of Military Cutoff,
north of existing built-out phase of Renaissance Business Park, and South of Proposed
Research Business Park.
5. Site coordinates, if available (UTM or Lat/Long): North 34.23867, West 77.82671
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped.
7. Property size (acres): 26 acres +/-
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Howe Creek
9. River Basin: 03030001, Atlantic Intracoastal Waterway
(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/.)
10. Describe the purpose of the proposed work: Complete Renaissance Business Park
development
Page 4 of 12

11. List the type of equipment to be used to construct the project: Mechanical
12. Describe the land use in the vicinity of this project: Commercial
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
JD by Angie Pennock on 1/30/2003 (Corps AID 200300343) for this project, reconfirmed by
Angie Pennock, (and Noelle Lutheran and Danny Smith of DWQ) relative to ditches being
"other waters" of US (not streams) while doing JD on adjacent parcels for DOT project and
Research Park (Westfall Business Park, Corps AID 200400096 and DWQ ID 031309) on
December 19, 2003. (see attached correspondence)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Pending DOT approval, an additional entrance off Military Cutoff may be required
for traffic safety. This driveway will require the crossing of the existing "other waters" on DOT
property. If DOT will not grant a "driveway permit", then local planning waiver of required
ingress/egress will be obtained, thereby eliminating additional authorization
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts
Page 5 of 12
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Ditch fill 0.033 NO <1,000 Old agricultural ditch
B Ditch fill 0.019 NO <1,000 Same (see USGS topo)

__i._a,. t.. - hnn;-iP1Parina ararlina_fill_
* List each impact separately and identify temporary impacts. impacts u,ciuuc, vu=- _ . _._.___??
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.052
Total area of wetland impact proposed: 0.052
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width,
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
NA

_..i.. a,. ?...« .,..r 1:,,,:rPA tn• Pnlv Prtc and accnciate[1 rin-ran.
* List each impact separately and identify temporary impacts. nnPacu mCluuc, uua ?. __?_ ____•..?? -•-- -__ ________ __r __,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Page 6 of 12
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

* i ct on ..* .,rel. ..a :a.. .:c.
„„ry Wmpurary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands E] stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
VIII.
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.
Project has been planned without crossing wetlands and stream on DOT property. Local
approval of this configuration is pending
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 March 9, 2000, mitigation will be required when
Page 7 of 12
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.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.
None required.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wM/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Page 8 of 12
Yes ? No X
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 F-1 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 F_? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes Fj No X 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* (squImpct are feet) Multiplier
Required
Mitigation
I NA 3
2 NA 1.5
Total
* Zone 1 extends out 30 feet perpendicular 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.
NA
XI. Stormwater (DWQ Only)
Page 9 of 12
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.
Project fully permitted and stormwater ponds are in place.
XII. Sewage Disposal (DWQ Only)
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.
Municipal
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. 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).
Per meeting with Corps of Engineers on September 7, 2004, this project is developable
independently of the adjacent Research Park, has never been recombined with that property and
has remained a separate parcel under separate ownership (see historical file under Swain) and is
therefore subject to separate permit action.

Wit/ gent's i Wi a Date
only if an authorization letter from the applicant is provided.)
(Agent's si nature )s
Page 10 of 12
F . i 7.5 Minute USGS Topographic Location Map ? ?
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300343 County: New Hanover
Notification of Jurisdictional Determination
Responsible Party: Swain Management Agent: Land Management Group
Attn: Donna Shannon Attn: Paul Farley
Address: 111 Military Cutoff Road Post Office Box 2522
Wilmington, NC 28405 Wilmington, NC 28402
Telephone: [phone] [phone]
Cc: ,drew & Kuske, Consulting Engineers
.Attn: John Tunstall
902 Market Street
Wilmington, NC 28401
Decimal Degrees: North. 34.238670 West: 77.826710

Quad: Wrightsville Beach
RECEIVED
JAN 3 1 2003
ANDREW AND KUSKE
Size and Location of Property (waterbody, Highway name/number, town, etc.): The tract is located to the north of 1111
Military Cutoff Road, on the east side of Military Cutoff Road, adjacent to an unnamed tributary to Howe Creek, in Wilmington,
New Hanover County, North Carolina.
Basis of Determination: There are waters of the United States on the site described above that outfall to an unnamed tributary to
Howe Creep a tributary to the Atlantic Intracoastal Waterway. This determination is based on a site visit by Angie Pennock on
December 27, 2002.
Indicate which of the following apply:
X There are waters of the ITnited States on th ahoy described property which w stronglysuggect should h
delineated and surveyed- The surveyed lines must he ygrit:ed by our siaf nefor the l Corm c will make a final
jurisdictional d t rmination on yo ur?r er
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
The wetlands on your land have been delineated, and the limits of Corps jurisdiction have been explained to you.
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 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 roles is located in one of the 20 C'oactai Counties. Von cho yid onta t the nearest State OffirP of f oastnl
Management to deterrnm . their red nr m nts_
Placement of dredged or fill material 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 existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at (910) 2514611.
Property owner/Authorized Agent Signature Project Manager Signature
Date January 30-2003 Expiration Date January 10 ?OOR
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
T-??
SPRING LEFT
ENVIRONMENTAL, INC.
I Land Planning • Permitting • Environmental Consulting
December 22, 2003
Ms. Angie Pennock
US Army Corps of Engineers
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402-1890
Construction Management • Expert Testimony
COp
RE: Amendment to Permit Application
Rcrossance and Research Parks, Mhtary Cutoff Rd., Wdmington, New Hanover, NC
Corps Action I.D. 200400096
DWQ LD. 031309
Dear Angie:
Thank you for meeting me at the site on December 19, 2003, along with Mr. Danny Smith and Ms. Noelle Lutheran
of NCDWQ. This letter confirms that that we have agreed that the conditions of the site necessitate a change in the
data contained in the applicant's proposal, and that for permitting and mitigation planning purposes certain
definition of jurisdictional areas shall be applied.
1. We agreed that from the eaostirrg culvert under Military Cutoff Road then going south, the jurisdictional
area is considered "other waters of the United States, including wetlands", and not stream charnel. from
the culvert, then draining north toward Howe Creek, the area of jurisdiction would be considered
"important, perennial stream".
2.- Based on the characterization above, table # I (page 6 of 12 of the application) should be changed, and
table #2 should also be changed. The revised page for the application is attached.
Finally, thank you in advance of the timely processing of the application to Public Notice. As we discussed, detailed
mitigation plans are in process, and we hope to incorporate any public comments into our designs. .
Sincerely,
Spangler Environmental, Inc.
As agent for the Applicant, Raiford Trask, III'
er WMANDS 1401 GROUP
Clame?A.. S angl
P
President
Attachment: Form revision, I2/2Z103 DEC 0 2003
CC: Raiford Trask - WATER QUALITY SECTION
Joe Taylor, Esq.
Bruce Chappell
JohaDorney, NCDENRDWQi
11
224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel [phone] fax [phone]
3961-8 Market Street Wilmington, N.C. 28403 te1910-343-9375 fax [phone]-SPANGLER spangler-sei.com
EXHIBIT
..
Office Use Only: 0,50130 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
R Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: E]
II. Applicant Information
1. Owner/Applicant Information
Name: TCT LLC
Mailing Address: Raiford Trask, III, Manager
C/o Cape Fear Rod Company
302-A Raleigh Street
Wilmington, NC 28412
Telephone Number: 910-350-0494 Fax Number: 910-350-2878
E-mail Address: rtrask ?capefearrodcompany com
2. Agent 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: Jim Spangler
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: PO Box 387
Raleigh, NC 27602
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: ispangler(aspanglerenvironmental.com
Page 3 of 12
i-
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: Renaissance Business Park
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): East side of Military Cutoff,
north of existing built-out phase of Renaissance Business Park, and South of Proposed
Research Business Park.
5. Site coordinates, if available (UTM or Lat/Long): North 34.23867, West 77.82671
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped.
7. Property size (acres): 26 acres +/-
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Howe Creek
9. River Basin: 03030001, Atlantic Intracoastal Waterway
(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/.)
10. Describe the purpose of the proposed work: Complete Renaissance Business Park
development
Page 4 of 12
11. List the type of equipment to be used to construct the project: Mechanical
12. Describe the land use in the vicinity of this project: Commercial
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
JD by Angie Pennock on 1/30/2003 (Corps AID 200300343) for this project, reconfirmed by
Angie Pennock, (and Noelle Lutheran and Danny Smith of DWQ) relative to ditches being
"other waters" of US (not streams) while doing JD on adjacent parcels for DOT project and
Research Park (Westfall Business Park, Corps AID 200400096 and DWQ ID 031309) on
December 19, 2003. (see attached correspondence)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Pending DOT approval, an additional entrance off Military Cutoff may be required
for traffic safety. This driveway will require the crossing of the existing "other waters" on DOT
property. If DOT will not grant a "driveway permit", then local planning waiver of required
ingress/egress will be obtained, thereby eliminating additional authorization.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts
Page 5 of 12
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Ditch fill 0.033 NO <1,000 Old agricultural ditch
B Ditch fill 0.019 NO <1,000 Same (see USGS topo)

- C_ 11
* List each impact separately and identify temporary impacts. impacts include, out are not ?tmneu to: mecnamzeu c,car,ng, grauu,g, rn,,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.052
Total area of wetland impact proposed: 0.052
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
NA

* List each impact separately and identity temporary impacts. impacts Include, out are not limned to: culverts anu assoc,a,cu np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Page 6 of 12
Open Water Impact
Site Number

(indicate on map)
Type of Impact* Area of
Impact

(acres)
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): R uplands F1 stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It 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.
Project has been planned without crossing wetlands and stream on DOT nronerty. Local
approval of this configuration is pending.
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 March 9, 2000, mitigation will be required when
Page 7 of 12
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stringide.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.
None required
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the.
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http•//h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Page 8 of 12
Yes ? No X
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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X 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 NA 3
2 NA 1.5
Total
* Zone I extends out 30 feet perpendicular 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.
NA
XI. Stormwater (DWQ Only)
Page 9 of 12
f Ro o4..'
n ! e v
Z f z?/r 5
?f A
XII.
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.
Project fully permitted and stormwater ponds are in place
Sewage Disposal (DWQ Only)
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.
Municipal
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes D No X
Is this an after-the-fact permit application?
Yes n No X
XIV. 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).
Per meeting with Corps of Engineers on September 7, 2004, this project is developable
independently of the adjacent Research Park, has never been recombined with that property and
has remained a separate parcel under separate ownership (see historical file under Swain) and is
therefore subject to separate permit action
I ) 2"1)b ?-
Appliowt/Ag nt's Sig ture Date
(Agent's signa my if an authorization letter from the applicant is provided.)
Page 10 of 12
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A (0.033 ac
B (0.0 19 ac.)
Renaissance Park
CONCEPTUAL MASTER PLAN
Wilmington, North Carolina
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01;.:Z`7
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300343 County: New Hanover
Notification of Jurisdictional Determination
Responsible Party: Swain Management Agent: Land Management Group
Attn: Donna Shannon Attn: Paul Farley
Address: 111 Military Cutoff Road Post Office Box 2522
Wilmington, NC 28405 Wilmington, NC 28402
Telephone: [phone] [phone]
Cc: .ic7rsw & Kuske, Consulting Engineers
Attn: John Tunstall
902 Market Street
Wilmington, NC 28401
Decimal Degrees: North: 34238670 West: 77.826710

Quad: Wrightsville Beach
RECEIVED
JAN 3 1 2003
ANDREW AND KUSKE
Size and Location of Property (waterbody, Highway nametnumber, town, etc.): The tract is located to the north of 1111
Military Cutoff Road, on the east side of Military Cutoff Road, adjacent to an unnamed tributary to Howe Creek, in Wilmington,
New Hanover County, North Carolina.
Basis of Determination: There are waters of the United States on the site described above that outfall to an unnamed tributary to
Howe Creek, a tributary to the Atlantic Intracoastal Waterway. This determination is based on a site visit by Angie Pennock on
December 27, 2002.
Indicate which of the following apply:
X There are waters of the United States on the above deser h? ed prrnpgrh which we strongly cgggmt should be
delineated and surveyed. The surveyed lines must he verified by our staff before the Curns will make a final
jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a tidy manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
The wetlands on your land have been delineated, and the limits of Corps jurisdiction have been explained to you.
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 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 project is incated in one of the 20 Coastal Co mtles. You should contact the nearest State Office of Coastal
Management to determine their mguirem- ents. -"
Placement of dredged or fill material 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 existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
Date TanuaW 10, 9003 Expiration Date T_anilarvMY9008
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
F
TIAVP

SPAN LER
ENVIRONMENTAL, INC.
I Land Planning s Permitting . Environmental Consulting
December 22, 2003
Ms. Angie Pennock
US Army Corps of Engineers
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402-1890
Construction Management s Expert Testimony
c(op
RE: Amendment to Permit Application
Renaissance and Research Parks, Notary Cutoff Rd., Wilmington, New Hanover, NC
Corps Action LD. 200400096
DWQ LD. 031309
Dear Angie:
Thank you for meeting me at the site on December 19, 2003, along, with W. Danny Smith and Ms. Noelle Lutheran
of NCDWQ. This letter confirms that that we have agreed that the conditions of the site necessitate a change in the
data contained in the applicant's proposal, and that for permitting and mitigation planning purposes certain
definitions of jurisdictional areas shell be applied.
1. We agreed that from the existing culvert udder Notary Cutoff Road then going south, the jurisdictional
area is considered "other waters of the United States, including wetlands", and not stream charnel. from
the culvert, then draining north toward Howe Creek, the area of jurisdiction would be considered
"important, perennial stream".
2.- Based on the cha:acxerization above, table # I (page 6 of 12 of the application) should be changed, and
table #2 should also be changed. The revised page for the application is attached.
Finally, thank you in advance of the timely processing of the application to Public Notice. As we discussed, detailed
mitigation plans are in process, and we hope to incorporate any public comments into our designs. .
Sincerely,
Spangler Environmental, Inc.
As agent for the Applicant, Raiford Trask, III
Y WETLANDS 140A GROUP
A. spangler'
President
DEC 3 0 2003
Attachment: Form revision, 12/22103
CC: Raiford Trask _ WATER QUALITY SECTION
Joe Taylor, Esq.
Bruce Chappell
John Dorsey, NCDENR DWQ-
224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tel [phone] fax [phone]
3961-B Market Street Wilmington, N.C. 28403 tel [phone] fax [phone]-SPANGLER spangler-sel.com
EXHIBIT
6
w, _ s
Office Use Only: Form Version April 2001
0 0 U
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: TCT, LLC
Mailing Address: Raiford Trask, III, Manager
C/o Cape Fear Rod Company
302-A Raleigh Street
Wilmington, NC 28412
Telephone Number: 910-350-0494 Fax Number: 910-350-2878
E-mail Address: rtrask(a-), apefearrodcompany com
2. Agent 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: Jim Spangler
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: PO Box 387
Raleigh, NC 27602
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: ispanglerp,spanglerenvironmental.com
Page 3 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps 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: Renaissance Business Park
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): East side of Military Cutoff,
north of existing built-out phase of Renaissance Business Park, and South of Proposed
Research Business Park.
5. Site coordinates, if available (UTM or Lat/Long): North 34.23867, West 77.82671
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped.
7. Property size (acres): 26 acres +/-
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Howe Creek
9. River Basin: 03030001, Atlantic Intracoastal Waterway
(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/.)
10. Describe the purpose of the proposed work: Complete Renaissance Business Park
development
Page 4 of 12
11. List the type of equipment to be used to construct the project: Mechanical
12. Describe the land use in the vicinity of this project: Commercial
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
JD by Angie Pennock on 1/30/2003 (Corps AID 200300343) for this project, reconfirmed by
Angie Pennock, (and Noelle Lutheran and Danny Smith of DWQ) relative to ditches being
"other waters" of US (not streams) while doing JD on adjacent parcels for DOT project and
Research Park (Westfall Business Park, Corps AID 200400096 and DWQ ID 031309) on
December 19, 2003. (see attached correspondence)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Pending DOT approval, an additional entrance off Military Cutoff may be required
for traffic safety. This driveway will require the crossing of the existing "other waters" on DOT
property. If DOT will not grant a "driveway permit", then local planning waiver of required
ingress/egress will be obtained, thereby eliminating additional authorization.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts
Page 5 of 12
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Ditch fill 0.033 NO <1,000 Old agricultural ditch
B Ditch fill 0.019 NO <1,000 Same (see USGS topo)

* List each impact separately and identify temporary impacts. impacts include, but are not limited to: mechanized clearing, graufflig, iut,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.052
Total area of wetland impact proposed: 0.052
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not nmtted to: culverts and assoclateu rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Page 6 of 12
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): R uplands E] stream E] wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It 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.
Proiect has been Dlanned without crossing wetlands and stream on DOT Dronertv. Local
approval of this configuration is pending.
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 March 9, 2000, mitigation will be required when
Page 7 of 12
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strrngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
None required
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Page 8 of 12
Yes ? No X
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 F-I No F1
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 F-I
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes n No X 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 NA 3
2 NA 1.5
Total
* Zone 1 extends out 30 feet perpendicular 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.
NA
XI. Stormwater (DWQ Only)
Page 9 of 12
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.
Project fully permitted and stormwater ponds are in place.
XII. Sewage Disposal (DWQ Only)
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.
Municipal
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. 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).
Per meeting with Corps of Engineers on September 7, 2004, this project is developable
independently of the adjacent Research Park, has never been recombined with that property and
has remained a separate parcel under separate ownership (see historical file under Swain) and is
therefore subject to separate permit action.

1t/Agent Signa Date i Ly (Agent's signatur 's v ),fan authorization letter from the applicant is provided.)
Page 10 of 12
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CONCEPTUAL MASTER PLAN
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A
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300343 County: New Hanover
Notification of Jurisdictional Determination
Responsible Party: Swain Management Agent: Land Management Group
Attn: Donna Shannon Attn: Paul Farley
Address: 111 Military Cutoff Road Post Office Box 2522
Wilmington, NC 28405 Wilmington, NC 28402
Telephone: [phone] [phone]
Cc: ;LAp & Kuske, Consulting Engineers
Attn: John Tunstall
902 Market Street
Wilmington, NC 28401
Decimal Degrees: North: 34.238670 West: 77.826710
Quad: Wrightsville Beach
RECEIVED
JAN 3 1 2003
ANDREW AND KUSKE
Size and Location of Property (waterbody, Highway namelnumber, town, etc.): The tract is located to the north of 1111
Military Cutoff Road, on the east side of Military Cutoff Road, adjacent to an unnamed tributary to Howe Creek, in Wilmington,
New Hanover County, North Carolina.
Basis of Determination: There are waters of the United States on the site described above that outfall to an unnamed tributary to
Howe Creek, a tributary to the Atlantic Intracoastal Waterway. This determination is based on a site visit by Angie Pennock on
December 27, 2002.
Indicate which of the following apply:
X There are waters of the united States on the above described property which we strongly suggest should he
delineated and surveyed The surveyed lines must he verified by o ur staff before the Corps will make a final
uirisdictional determination on _fyourierty_
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
The wetlands on your land have been delineated, and the limits of Corps jurisdiction have been explained to you.
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 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 prgiect is located in one of the 20 Coastal Counties. Yon should contact the nearest State Office of Coastal
Man gement to determine their Muirements. -" -- "
Placement of dredged or fill material 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 existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
Date 7anuan'30r?003 Expiration Date January 10,20M
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
?0F
SPANGLER
ENVIRONMENTAL, INC.
Land Planning • Permitting • Environmental Consulting • Construction Management • Expert Testimony
December 22, 2003
Ms. Angie Pennock
US Army Corps of Engineers
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402-1890
C(DP
RE: Amendment to Permit Application
Renaissance and Research Parks, Military Cutoff Rd., Wilmington, New Hanover, NC
Corps Action LD. 200400096
DWQ I.D. 031309
Dear Angie:
Thank you for meeting me at the site on December 19, 2003, along, with W. Danny Smith and Ms Noelle Lutheran
o€NCDWQ. This letter confirms that that we have agreed that the' onditions of the site necessitate a change in the
data contained in the applicant's proposal,- and that for permitting and mitigation planning purposes certain
definitions of rdic that from ftom areas the eshallwbee ?? applied.
1 . We agreed under Witary Qtoff Road then going south, the ,jurisdictional area is considered "other waters of the United States, including wetlands", and not stream channel. from
the culvert, then draining north toward Howe Creels, the area of jurisdiction would be considered
"important, perennial stream"-
2.- Based on the chmactaization above, table # 1 (page 6 of 12 of the application) should be changed, and
table #2 should also be changed. The revised page for the application is attached.
Finally, thank you in advance of the timely processing of the application to Public Notice. As we discussed, detailed
mitigation plans are in process, and we hope to incorporate any public comments into our designs.
Sincerely,
Spangler Environmental, Inc.
As agent for the Applicant, Raiford Trask, III ---
- WEtIANDS i 401 GROUP
C?anw?A. Spangler
President
DEC 3 0 2aa3
Attachment: Form revision, 12122!03
CC: Raiford Trask - WATER QUALITY SECTION
Joe Taylor, Esq.
Bruce Chappell
John Domey, NCDENR DWQi

224 Fayetteville Street Mail, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 te1919-546-0754 fax [phone]
3961-8 Market Street Wilmington, N.C. 28403 te1910343-9375 fax [phone]
1-866-SPANGLER spangler-sei.com
EXHIBIT
LLCI
-RS

Office Use Only: 050130 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA" rather than
leaving the space blank.
1. Processing
Check all of the approval(s) requested for this project:
X Section 404 Permit
Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: TCT, LLC
Mailing Address: Raiford Trask, III, Manager
C/o Cape Fear Rod Company
302-A Raleigh Street
Wilmington, NC 28412
Telephone Number: 910-350-0494 Fax Number: 910-350-2878
E-mail Address: rtraskAeapefearrodcompany.com
2. Agent 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: Jim Spangler
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: PO Box 387
Raleigh, NC 27602
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: Spangler(cr?spanglerenvironmental.com
Page 3 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps 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: Renaissance Business Park
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): East side of Military Cutoff,
north of existing built-out phase of Renaissance Business Park, and South of Proposed
Research Business Park.
5. Site coordinates, if available (UTM or Lat/Long): North 34.23867, West 77.82671
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped.
7. Property size (acres): 26 acres +/-
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Howe Creek
9. River Basin: 03030001, Atlantic Intracoastal Waterway
(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/map-I
10. Describe the purpose of the proposed work: Complete Renaissance Business Park
development
Page 4 of 12
11. List the type of equipment to be used to construct the project: Mechanical
12. Describe the land use in the vicinity of this project: Commercial
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
JD by Angie Pennock on 1/30/2003 (Corps AID 200300343) for this project, reconfirmed by
Angie Pennock, (and Noelle Lutheran and Danny Smith of DWQ) relative to ditches being
"other waters" of US (not streams) while doing JD on adjacent parcels for DOT project and
Research Park (Westfall Business Park, Corps AID 200400096 and DWQ ID 031309) on
December 19, 2003. (see attached correspondence)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Pending DOT approval, an additional entrance off Military Cutoff may be required
for traffic safety. This driveway will require the crossing of the existing "other waters" on DOT
property. If DOT will not grant a "driveway permit", then local planning waiver of required
ingress/egress will be obtained, thereby eliminating additional authorization.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts
Page 5 of 12
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Ditch fill 0.033 NO <1,000 Old agricultural ditch
B Ditch fill 0.019 NO <1,000 Same (see USGS topo)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.052
Total area of wetland impact proposed: 0.052
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name* * Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Page 6 of 12
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): F-] uplands E] stream F] wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It 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.
Proiect has been planned without crossine wetlands and stream on DOT property. Local
approval of this configuration is pending.
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 March 9, 2000, mitigation will be required when
Page 7 of 12
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
None reauired.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Page 8 of 12
Yes F? No X
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 F1 No n
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 n No n
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes Fj No X 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 NA 3
2 NA 1.5
Total
* Zone 1 extends out 30 feet perpendicular 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.
NA
XI. Stormwater (DWQ Only)
Page 9 of 12
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.
Project fully permitted and stormwater ponds are in place.
XII. Sewage Disposal (DWQ Only)
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.
Municipal
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes F? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. 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).
Per meeting with Corps of Engineers on September 7, 2004, this project is developable
independently of the adjacent Research Park, has never been recombined with that property and
has remained a separate parcel under separate ownership (see historical file under Swain) and is
therefore subject to separate permit action.
l 1Y,
AWIiGmt/Ag is Sig ture Date
(Agent's signat va y if an authorization letter from the applicant is provided.)
Page 10 of 12

M
USGS T
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inute
opograp
ic Location Map NVvr 39 s 9400
Post 06xe Eim 387
Renai55ance Park SPANGLER RA-A tc2702-ow7
x F Wlmmgton, North Carolina q; O --005

A (0.033 ac.)
Renaissance Park
CONCEPTUAL MMTER PLAN
Wilmington, North Carolina
14? 224 fs,dtaMe St Mat
N" 39 5mia #4 o
PastOffcBo" ?
Kenassancc Park j 5PANGLER????
Wilmmton, North Carolima
9 © 2=3F skrDwommet, kw- 2 It Z. 013154&0754
Et;v.Pc:..N,-,uTAI.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300343 County: New Hanover
Notification of Jurisdictional Determination
Responsible Party: Swain Management Agent: Land Management Group
Attn: Donna Shannon Attn: Paul Farley
Address: 111 Military Cutoff Road Post Office Box 2522
Wilmington, NC 28405 Wilmington, NC 28402
Telephone: [phone] [phone]
Cc: "Aflre?v & Kuske, Consulting Engineers
Attn: John Tunstall
902 Market Street
Wilmington, NC 28401
Decimal Degrees: North: 34.238670 West: 77.826710
V'r-14 Alm -Z-,, Gam.
r2A.?z-V-
Quad: Wrightsville Beach
RECEIVED
JAN 3 1 2003
ANDREW AND KUSKE
Size and Location of Property (waterbody, Highway name/number, town, etc.): The tract is located to the north of 1111
Military Cutoff Road, on the east side of Military Cutoff Road, adjacent to an unnamed tributary to Howe Creek, in Wilmington,
New Hanover County, North Carolina.
Basis of Determination: There are waters of the United States on the site described above that outfall to an unnamed tributary to
Howe Creek, a tributary to the Atlantic Intracoastal Waterway. This determination is based on a site visit by Angie Pennock on
December 27, 2002.
Indicate which of the following apply:
X There are waters of the 11nited States an the above descrihed ?neM which we strongly suggest should he
delineated and surveyed- The surveyed lines must he verified bX our staff before the Corns will m?1tQ a final
jnrisdictionai determination an yoyir_properly,
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
The wetlands on your land have been delineated, and the limits of Corps jurisdiction have been explained to you.
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 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 TAI Wleet is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements_ -. -- -
Placement of dredged or fill material 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 existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at (910) 2514611.
Property owner/Authorized Agent Signature Project Manager Signature
Date Tannary 30, 2003 Expiration Date James 10, 90OR
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND

10
SPANGLER
ENVIRONMENTAL, INC.
Land Planning • Permitting • Environmental Consulting
December 22, 2003
Ms. Angie Pennock
US Army Corps of Engineers
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402-1890
Construction Management . ExpertTestimony
C(0)p . .
RE: Amendment to Permit Application
Renaissance and Research Parks, Military Cutoff Rd., Wilmington, New Hanover, NC
Corps Action I.D. 200400096
DWQ ID. 031309
Dear Angie:
Thank you for meeting me at the site on December 19, 2003, along,with Mr. Danny Smith and Ms. Noeile Lutheran
of NCDWQ. This letter confirms that that we have agreed that the Fonditions of the site necessitate a change in the
data contamcd in the applicant's proposal, and that for permitting and mitigation planning purposes certain
definitions of jurisdictional areas shall be applied.
1. We agreed that from the =sting advert under Military Cutoff Road then going south, the jurisdictional
area is considered "other waters of the United States, including wetlands", and not stream charnel. from
the culvert, then draining north toward Howe Creek, the area of jurisdiction would be considered
"importarrt, perennial stream".
2. - Based on the ciraracxex-O - on above, table # 1(page 6 of 12 of the application) should be changed, and
table #2 should also be ganged The revised page for the application is attached.
Finally, thank you in advance of the timely processing of the application to Public Notice. As we discussed, detailed
mitigation plans are in process, and we hope to incorporate any public comments into our designs. -
Sincerely,
Spangler Environmental, Inc.
As agent for the Applicant, Raiford Trask, III
/ _
Clama?A. S angler
P LANDS f 401 GROUP
President
DEC 3 0 2003
Attachment: Form revision, 17122/03
TER QUALITY SECTION
CC: Raiford. Trask _ WA
Joe Taylor, Esq.
Bruce Chappell
John Domey, NCDENR DWQ?
224 Fayetteville Street Mall, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 tei 919-546-0754 fax [phone]

3961-8 Market Street Wiimington,N.C.28403 tel[phone] fax[phone]-SPANGLER Spangler-sei.com

EXHIBIT

LLCI
I _ .tJ
Office Use Only: 0 00. 1 3 a Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: TCT LLC
Mailing Address: Raiford Trask, III, Manager
C/o Cape Fear Rod Company
302-A Raleigh Street
Wilmington, NC 28412
Telephone Number: 910-350-0494 Fax Number: 910-350-2878
E-mail Address: rtrask(a,capefearrodcompany.com
2. Agent 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: Jim Spangler
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: PO Box 387
Raleigh, NC 27602
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: jpangler(a?spanglerenvironmental.com
Page 3 of 12
21 t
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: Renaissance Business Park
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): East side of Military Cutoff,
north of existing built-out phase of Renaissance Business Park, and South of Proposed
Research Business Park.
5. Site coordinates, if available (UTM or Lat/Long): North 34.23867, West 77.82671
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped.
7. Property size (acres): 26 acres +/-
8. Nearest body of water (stream/river/sound/ocean/lake):
UT to Howe Creek
9. River Basin: 03030001, Atlantic Intracoastal Waterway
(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/.)
10. Describe the purpose of the proposed work: Complete Renaissance Business Park
development
Page 4 of 12
• ! . r
11. List the type of equipment to be used to construct the project: Mechanical
12. Describe the land use in the vicinity of this project: Commercial
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
JD by Angie Pennock on 1/30/2003 (Corps AID 200300343) for this project, reconfirmed by
Angie Pennock, (and Noelle Lutheran and Danny Smith of DWQ) relative to ditches being
"other waters" of US (not streams) while doing JD on adjacent parcels for DOT project and
Research Park (Westfall Business Park, Corps AID 200400096 and DWQ ID 031309) on
December 19, 2003. (see attached correspondence)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Pending DOT approval, an additional entrance off Military Cutoff may be required
for traffic safety. This driveway will require the crossing of the existing "other waters" on DOT
property. If DOT will not grant a "driveway permit", then local planning waiver of required
ingress/egress will be obtained, thereby eliminating additional authorization.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts
Page 5 of 12
I . I
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Ditch fill 0.033 NO <1,000 Old agricultural ditch
B Ditch fill 0.019 NO <1,000 Same (see USGS topo)

* List each impact separately and identify temporary impacts. impacts include, but are not limited to: mechanized dearmg, grading, uii,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.052
Total area of wetland impact proposed: 0.052
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Page 6 of 12
. , • .
Open Water Impact
Site Number

(indicate on map)
Type of Impact* Area of
Impact

(acres)
(if Name p Waterbody
applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

Last each impact separately and identify temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): E] uplands ? stream F1 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It 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.
Project has been planned without crossing wetlands and stream on DOT pronertv. Local
approval of this configuration is pending.
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 March 9, 2000, mitigation will be required when
Page 7 of 12

necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
None required.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http•//h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Page 8 of 12
Yes ? No X
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 R No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes F-1 No X 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* (squImpct are feet) Multiplier M tig t on
1 NA 3
2 NA 1.5
Total
* Zone 1 extends out 30 feet perpendicular 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.
NA
XI. Stormwater (DWQ Only)
Page 9 of 12
! , y a
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.
Project fully permitted and stormwater ponds are in place.
XII. Sewage Disposal (DWQ Only)
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.
Municipal
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. 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).
Per meeting with Corps of Engineers on September 7, 2004, this project is developable
independently of the adjacent Research Park, has never been recombined with that property and
has remained a separate parcel under separate ownership (see historical file under Swain) and is
therefore subject to separate permit action.
0?,-
A:ppl"-A/Age 4's i tore 4 Date
y if an authorization letter from the applicant is provided.)
(Agent's signs e is a'
Page 10 of 12
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U.S. ARMY CORPS OF ENGINEERS ,?
? -?'-
Wilmington District
Action Id. 200300343 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Swain Management Agent: Land Management Group
Attn: Donna Shannon Attn: Paul Farley
Address: 111 Military Cutoff Road Post Office Box 2522
Wilmington, NC 28405 Wilmington, NC 28402
Telephone: [phone] [phone]
Cc: 'Adrsw & Kuske, Consulting Engineers
Attn: John Tunstall RECEIVED
902 Market Street
Wilmington, NC 28401 JAN 3 1 2003
Decimal Degrees: North: 34.238670 West: 77.826710 ANDREW AND KUSKE
Size and Location of Property (waterbody, Highway nametnumber, town, etc.): The tract is located to the north of 1111
Military Cutoff Road, on the east side of Military Cutoff Road, adjacent to an unnamed tributary to Howe Creek, in Wilmington,
New Hanover County, North Carolina.
Basis of Determination: There are waters of the United States on the site described above that outfall to an unnamed tributary to
Howe Creek, a tributary to the Atlantic Intracoastal Waterway. This determination is based on a site visit by Angie Pennock on
December 27, 2002.
Indicate which of the following apply:
. X There _are waters of the Tim
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
The wetlands on your land have been delineated, and the limits of Corps jurisdiction have been explained to you.
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 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 prr yeet is located in one of the 20 Coastal Co nti c You should contact the nearest State Office of Coastal
Ma_nagemen to determine their r dr m ntc --- -- -
Placement of dredged or fill material 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 existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at (910) 2514611.
Property owner/Authorized Agent Signature Project Manager Signature
Date Tannar34 10,2003 Expiration Date Tangy 30, 20OR
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
VIJJPF

SPANGLER
ENVIRONMENTAL, INC.
rnnern,rRnn Management • Expert Testimony
Land Planning • Permitting • Environmental Consulting
December 22, 2003
Ms. Angie Pennock
US Army Corps of Engineers
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402-1890
C(DP
RE: Amendment to Permit Application
Renaissance and Research Parks, Military Cutoff Rd., Wilmington, New Hanover, NC
Corps Action I.D. 200400096
DWQ LD. 031309
11
10
Dear Angie:
Thank you for meeting me at the site on December 19, 2043, along,with Mr. Danny Smith and Ms Noelle Lutheran
of NCDWQ. This letter confirms that that we have agreed that the conditions of the site necessitate a change in the
data contained in the applicant's proposal,- and that for permitting and Mitigation planning purposes certain
definitions of grisdican areas shall be applied.
1 under ?Y Cutoff Road then going south, the jurisdictional
areais s con
_ We con ihsidat from -other waters ting of the United States, including yedands», and not stream channel. from the culvert, then dmmog north toward Howe Creek, the area of 'jurisdiction would be considered
important, Pam stread».
should be changed, and
2. ? Based on the characterization above, table # 1 (page 6 of 12 of the application)
table #2 should also be changed. The revised page for the application is attached.
Finally. thank you in advance of the timely Processing of the application to Public Notice. As we discussed, detailed
mitigation plans are in process, and we hope to incorporate any public comments into our designs.
SincerelY,
Spangler Environmental, Inc,
As agent for the Applicant, Raiford Trask, III
c WETLANDS 1 40i GROUP
?A. Spangler
President 2003
DEC 3 0
Attachment: Form revision, 12/22!03
WATER aUALM SECTION
CC: Raiford Trask
Joe Taylor, Esq.
Bruce Chappell
John Dorsey, NCDENR DWQ1
224 Fayetteville Street Mail, Suite 400 P. 0. Box 387 Raleigh, N.C. 27602 te1919-546-0754 fax [phone]
3961-8 Market Street Wilmington, N.C. 28403 tei 910-343-9375 fax [phone]-SPANGLER Spangler-sei.com
EXHIBIT
JD 7

Office Use Only: Form Version April 2001
®`?30
USACE Action ID No. DWQ No. 00
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
F1 Section 10 Permit
X 401 Water Quality Certification
n Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information
Name: TCT LLC
Mailing Address: Raiford Trask, III, Manager
C/o Cape Fear Rod Company
302-A Raleigh Street
Wilmington, NC 28412
Telephone Number: 910-350-0494 Fax Number: 910-350-2878
E-mail Address: rtrask(a), apefearrodcompany.com
2. Agent 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: Jim Spangler
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: PO Box 387
Raleigh, NC 27602
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: jspangler(a)spanglerenvironmental.com
Page 3 of 12
i r
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: Renaissance Business Park
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): East side of Military Cutoff,
north of existing built-out phase of Renaissance Business Park, and South of Proposed
Research Business Park.
5. Site coordinates, if available (UTM or Lat/Long): North 34.23867, West 77.82671
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped.
7. Property size (acres): 26 acres +/-
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Howe Creek
9. River Basin: 03030001, Atlantic Intracoastal Waterway
(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/.)
10. Describe the purpose of the proposed work: Complete Renaissance Business Park
development
Page 4 of 12
11. List the type of equipment to be used to construct the project
Mechanical
12. Describe the land use in the vicinity of this project: Commercial
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
JD by Angie Pennock on 1/30/2003 (Corps AID 200300343) for this project, reconfirmed by
Angie Pennock, (and Noelle Lutheran and Danny Smith of DWQ) relative to ditches being
"other waters" of US (not streams) while doing JD on adjacent parcels for DOT project and
Research Park (Westfall Business Park, Corps AID 200400096 and DWQ ID 031309) on
December 19, 2003. (see attached correspondence)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Pending DOT approval, an additional entrance off Military Cutoff may be required
for traffic safety. This driveway will require the crossing of the existing "other waters" on DOT
property. If DOT will not grant a "driveway permit", then local planning waiver of required
ingress/egress will be obtained, thereby eliminating additional authorization.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts
Page 5 of 12
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland*
A Ditch fill 0.033 NO <1,000 Old agricultural ditch
B Ditch fill 0.019 NO <1,000 Same (see USGS topo)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httl2://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.052
Total area of wetland impact proposed: 0.052
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts ana associates np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www,usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Page 6 of 12
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

# List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): EJ uplands F? stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It 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.
Proiect has been planned without crossing wetlands and stream on DOT nronertv. Local
approval of this configuration is pending.
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 March 9, 2000, mitigation will be required when
Page 7 of 12
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
None required
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Page 8 of 12
Yes F? No X
. X.
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 E] 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
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X 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 NA 3
2 NA 1.5
Total
* Zone 1 extends out 30 feet perpendicular 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.
XI. Stormwater (DWQ Only)
Page 9 of 12
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.
Project fully permitted and stormwater ponds are in place.
XII. Sewage Disposal (DWQ Only)
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.
Municipal
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application?
Yes ? No X
XIV. 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).
Per meeting with Corps of Engineers on September 7, 2004, this project is developable
independently of the adjacent Research Park, has never been recombined with that property and
has remained a separate parcel under separate ownership (see historical file under Swain) and is
therefore subject to separate permit action.

1 mt/Ag nt's Sig tore Date
(Agent's signat a y if an authorization letter from the applicant is provided.)
Page 10 of 12
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U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300343 County: New Hanover
Notification of Jurisdictional Determination
Responsible Party: Swain Management Agent: Land Management Group
Attn: Donna Shannon Attn: Paul Farley
Address: 111 Military Cutoff Road Post Office Box 2522
Wilmington, NC 28405 Wilmington, NC 28402
Telephone: [phone] [phone]
Cc: "A &6w, & Kuske, Consulting Engineers
Attn: John Tunstall
902 Market Street
Wilmington, NC 28401
Decimal Degrees: North: 34.23867° West: 77.826710

Quad: Wrightsville Beach
RECEIVED
JAN 3 t 2003
ANDREW AND KUSKE
Size and Location of Property (waterbody, Highway nametnumber, town, etc.): The tract is located to the north of 1111
Military Cutoff Road, on the east side of Military Cutoff Road, adjacent to an unnamed tributary to Howe Creek, in Wilmington,
New Hanover County , North Carolina.
Basis of Determination: There are waters of the United States on the site described above that outfall to an unnamed tributary to
Howe Creek, a tributary to the Atlantic Intracoastal Waterway. This determination is based on a site visit by Angie Pennock on
December 27, 2002.
Indicate which of the following apply:
X There are waters of the united States on the above described pro er y which we strnnpjysuggest should he
delineated and surveyA The cnrv .yed lines must he verified by our staff before the (=orn-s will make a final
h irisdictional determination on your pronertrv.,
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
The wetlands on your land have been delineated, and the limits of Corps jurisdiction have been explained to you.
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 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 Thy prQjPrt is located in one of the 20 Coastal o inti s You should contact the nearest State Office of Coastal
Managfm n to d . -mine their renuirenients. --" -
Placement of dredged or fill material 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 existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
Date Tarniary 10, 2003 Expiration Date 7a_ nuarV 10, 9009
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
Tj-Y

,SPANGLER
ENVIRONMENTAL, INC.
C utting Construction Management . ExpertTestimony
Land Planning • Permitting • Environmental ors
December 22, 2003
C(OP
Ms. Angie Pennock
US Army Corps of Engineers
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402-1890
RE: Amendment to permit Application
Renaissance and Research Parks,1v&Iitary Cutoff Rd., Wilmington, New Hanover, NC
Corps Action LD. 200400096
DWQ LD. 031309
L
Dear Angie:
Thank you for meeting me at the site on December 19, 2003, along with W. Danny Smith and Ms Noelle Lutheran
of NCDWQ. This letter confirms that that we have agreed that the conditions of the site necessitate a change in the
data contained in the applicant's proposal,- and that for permitting and mitigation planning purposes certain
definitions of grereed dicti that at from areas the eashalldstirtbeg applied.
1 . We ag culvert der Military Cutoff Road hen going south, the jurisdictional
area is considered "other waters of the United States. including ' would be considered
from wetlands?, and not strem channel. the culvert, then drwnwg north toward Howe Creek, the area of jtuisdi on
`important, perennial stream".
2.- Based on the charactertration above, e 6 of 2o the application) should be changed, and
table #2 should also be changed application is attached.
Finally, thank you in advance of the timely processing of the application to Public Notice. As we discussed, detailed
mitigation plans are in process, and we hope to incorporate any public comments into our designs.
Sincerely,
Spangler Environmental, Inc. _
As agent for the Applicant, Raiford Trask, III Y _ .
„ ADS 1401 GROUP
?A. Spangler
President 203
DEC-3 0
Attachment: Form revision, 12122/03
WATER QUALITY SECTION
CC: Raiford Trask .
Joe Taylor, Esq.
Bruce Chappell
3ohu Donley, NODE R DWQ?
224 Fayetteville Street Mail, Suite 400 P. 0. Box 387 Rale"sgb, N.C. 27602 tel [phone] fax [phone]
3961-8 Market Street Wilmington, N.C. 28403 tel [phone] fax [phone]-SPANGLER spangler-sei.com
EXHIBIT
7
s -,I
Office Use Only: Form Version April 2001 950.1 USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit
? Section 10 Permit
X 401 Water Quality Certification
F-I Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: X
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: TCT LLC
Mailing Address: Raiford Trask, III, Manager
C/o Cape Fear Rod Company
302-A Raleigh Street
Wilmington, NC 28412
Telephone Number: 910-350-0494 Fax Number: 910-350-2878
E-mail Address: rtrask(i-Dcapefearrodcompany.com
2. Agent 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: Jim Spangler
Company Affiliation: Spangler Environmental, Inc.
Mailing Address: PO Box 387
Raleigh, NC 27602
Telephone Number: 919-546-0754 Fax Number: 919-546-0757
E-mail Address: jspangler(-a,spanglerenvironmental.com
Page 3 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps 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: Renaissance Business Park
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): East side of Military Cutoff,
north of existing built-out phase of Renaissance Business Park, and South of Proposed
Research Business Park.
5. Site coordinates, if available (UTM or Lat/Long): North 34.23867, West 77.82671
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped.
7. Property size (acres): 26 acres +/-
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Howe Creek
9. River Basin: 03030001, Atlantic Intracoastal Waterway
(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/.)
10. Describe the purpose of the proposed work: Complete Renaissance Business Park
development
Page 4 of 12
11. List the type of equipment to be used to construct the project: Mechanical
12. Describe the land use in the vicinity of this project:
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
JD by Angie Pennock on 1/30/2003 (Corps AID 200300343) for this project, reconfirmed by
Angie Pennock, (and Noelle Lutheran and Danny Smith of DWQ) relative to ditches being
"other waters" of US (not streams) while doing JD on adjacent parcels for DOT project and
Research Park (Westfall Business Park, Corps AID 200400096 and DWQ ID 031309) on
December 19, 2003. (see attached correspondence)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Pending DOT approval, an additional entrance off Military Cutoff may be required
for traffic safety. This driveway will require the crossing of the existing "other waters" on DOT
property. If DOT will not grant a "driveway permit", then local planning waiver of required
ingress/egress will be obtained, thereby eliminating additional authorization.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Wetland Impacts
Commercial
Page 5 of 12
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Ditch fill 0.033 NO <1,000 Old agricultural ditch
B Ditch fill 0.019 NO <1,000 Same (see USGS topo)

* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.052
Total area of wetland impact proposed: 0.052
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
NA

* List each impact separately and identify temporary impacts. impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.Qov. Several intemet sites also allow direct download and printing of USGS maps (e.g., w,.vw.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: None
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Page 6 of 12
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): E] uplands ? stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It 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.
Proiect has been planned without crossing wetlands and stream on DOT property. Local
approval of this configuration is pending.
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 March 9, 2000, mitigation will be required when
Page 7 of 12
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.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.
None required
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Page 8 of 12
Yes ? No X
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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No X 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 NA 3
2 NA 1.5
Total
* Zone 1 extends out 30 feet perpendicular 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.
NA
Stormwater (DWQ Only)
Page 9 of 12
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.
Project fully permitted and stormwater ponds are in place.
XII. Sewage Disposal (DWQ Only)
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.
Municipal
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes Fj No X
Is this an after-the-fact permit application?
Yes M No X
XIV. 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).
Per meeting with Corps of Engineers on September 7, 2004, this project is developable
independently of the adjacent Research Park, has never been recombined with that property and
has remained a separate parcel under separate ownership (see historical file under Swain) and is
therefore subject to separate permit action.
40
Lib
gnature Date
valid only if an authorization letter from the applicant is provided.)
Page 10 of 12
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...
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300343 County: New Hanover
Notification of Jurisdictional Determination
Responsible Party: Swain Management Agent: Land Management Group
Attn: Donna Shannon Attn: Paul Farley
Address: 111 Military Cutoff Road Post Office Box 2522
Wilmington, NC 28405 Wilmington, NC 28402
Telephone: [phone] (910) 452-WI
Cc: ;1#dreiv & Kuske, Consulting Engineers
Attn: John Tunstall
902 Market Street
Wilmington, NC 28401
Decimal Degrees: North: 34.23867° West: 77.82671°

-c6t4A! ? ?W--V-21.
P?rz-v-
Quad: Wrightsville Beach
RECEIVED
JAN 3 1 2003
ANDREW AND KUSKE
Size and Location of Property (waterbody, Highway nametnumber, town, etc.): The tract is located to the north of 1111
Military Cutoff Road, on the east side of Military Cutoff Road, adjacent to an unnamed tributary to Howe Creek, in Wilmington,
New Hanover County, North Carolina.
Basis of Determination: There are waters of the United States on the site described above that outfall to an unnamed tributary to
Howe Creek, a tributary to the Atlantic Intracoastal Waterway. This determination is based on a site visit by Angie Pennock on
December 27, 2002.
Indicate which of the following apply:
X There are waters of the United States on the shove described pr=M which we strongly suggest should he
delineated and surveyed. The surveyed lines must he verified by our staff before the Corns will make a final
jgrisdi nal determination on your property,
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
The wetlands on your land have been delineated, and the limits of Corps jurisdiction have been explained to you.
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 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 project is located in one of the 20 Coastal Co nfi c You cho ld contact the nearest State Office of Coastal
Management to determine their requirements.
--
Placement of dredged or fill material 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 existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
Date January 30, 2003 Expiration Date January 30, 9008
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
Tl?_Jr

SPANGLER
ENVIRONMENTAL, INC.
rnnetn,rtinn Management • Expert Testimony
Land Planning • Permitting • Environmental Consulung
December 22, 2003
Ms. Angie Pennock
US Army Corps of Engineers
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402-1890
C(DP
RE: Amendment to Permit Application
Renaissance and Research Parks, Military CutoffRd., Wilmington, New Hanover, NC
Corps Action LD. 200400096
DWQ LD. 031309
3
Dear Angie:
me at the site on December 19, 2003, along,with Mr. Danny Smith and Ms. Noelle Lutheran
Thank you for meeting that the TMditions of the site necessitate a change in the
of NCDWQ. This letter confirms confirms that that we have agreed and mitigation planning PuTP°? certain -
data contained in the applicant's proposal.- and that for pennitting
definitions of jurisdictional areas shall be applied.
under Y Cutoff Read then going south, the jurisdictional
1. We agreed titer from the existing les mcludins wetlands", and not stream channel. from
area isrod "other warms ?UHo united States. the am jurisdiction would be considered
the culvvert, then draining
"important. P streaur.
2.- Based on the eiizstion above, table # 1 (page 6 of 12 of the application) should be changed, and table #2 should also be changed. The revised page for the application is attached-
Finally, thank you in advance of the timely processing of the application to Public Notice. As we discussed, detailed
,mitigation plans are in process, and we hope to incorporate any public comments-into our designs.
Sincerely,
Spangler Environmental, Inc.
As agent for the Applicant, Raiford Trask, III _
?-: = WETtAN?S i 40A GROUP
a. sp?n$?ef
President DEC 3 j 2003
Attachment: Form revision. 121=03 -r( SECTION
CC: Raiford Trask _ WAjER QUAD
Joe Taylor, Esq.
Bruce Chappell
Joba Domey, NCDENR DWQ?
10
224 rayetteviEle Street Ilan, We 400 P.0.8=387 Raleigh, N.C. 27602 W919-546-0754 fax 919-54&0757
t Wilmington, N.C. 28403 tel 910,343-9375 fax [phone]-SPANGLER spangler-sei.com
3961-8 MarketStree
EXHIBIT
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