20060197 Ver 3_401 Application_20181115

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A L MG
LAND MANAGEMENT GROUP
a DAVEY company
November 1, 2018
TO: Mr. Chad Coburn
NC Division of Water Resources
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127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Request to Modify 401 Water Quality Certification
Helmsdale at Landfall; New Hanover County, NC
DWR# 06-0197 V2
Dear Chad:
Enclosed is a request to modify the 401 Water Quality Certification that was issued for the Helmsdale
at Landfall subdivision. This 40.5 -acre tract is located off of Arboretum Drive in Wilmington, NC. In
2007, the NC DWR issued a 401 WQC for this project, which authorized impacts to 0.181 acres of
wetlands for several road crossings within the site. The development proposed to construct two
bridges within the subdivision in order to minimize wetland and stream impacts. The permit was
renewed in 2010 and 2013 and currently expires at the end of 2018.
Unfortunately, the method to install utilities throughout the development was not considered during
the initial permitting request. The applicant has since prepared a utilities plan and found that sewer
and water lines will need to cross wetlands and/or streams in several locations. These include the two
bridge crossings and two areas on Lot 25 that are needed to tie the sewer line into an existing
manhole.
The applicant evaluated different methods to install the lines and it was determined that installing via
open cut methods is the most practicable alternative when considering logistical, environmental, and
economic factors. This will require 0.086 acre of temporary 404 wetland impacts and 40 LF of
temporary stream impacts. Enclosed is a site plan showing the proposed impacts (new and already
authorized) and a project narrative that discusses avoidance and minimization measures and analyzes
alternatives.
In addition to these temporary impacts, we also request that the permit expiration date be extended
to December 31, 2020.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403

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The revised site plan drawings, alternatives analysis, and other information are enclosed for your
review. Four copies of this modification request and a DWR application fee have been submitted to
your Raleigh office. Please contact me if you have any questions. Thank you for your assistance with
this project.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Robin Rose, Helmsdale Investors, LLC
Mr. Joe Boyd, Withers and Ravenel
Mr. Paul Wojoski, NC DWR
www.lmgroup.net • [e-mail] • Phone: [phone] • fax: [phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403

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PROJECT NARRATIVE
UTILITY LINE CROSSING
HELMSDALE AT LANDFALL
NEW HANOVER COUNTY, NC
October 2018
INTRODUCTION
On behalf of Helmsdale Investors, LLC (developer/landowner), Land Management Group (LMG) is
submitting a request to modify the Individual Permit and 401 Water Quality Certification that were
obtained for the Helmsdale at Landfall project. This 40.5 -acre tract is located off of Arboretum Drive
in Wilmington, NC. In 2007, the USACE issued an Individual Permit and the NC DWR issued a 401
WQC for this project, which authorized impacts to 0.181 acres of wetlands for several road and
driveway crossings within the site (Appendix A). The permits were renewed in 2010 and 2013 and
currently expire at the end of 2018. Since the original permits were issued, the applicant has
constructed Phase 1 of the development, which includes one road (Saddleworth Trail) and 15 lots.
This phase did not require any wetland impacts. No other work has occurred on the site.
The applicant is beginning to develop Phases 2 and 3 of the project and determined that the previous
site plan that was authorized did not assess how utilities would be installed within these phases.
The engineer recently developed a utilities plan and found that lines will need to cross wetlands
and/or streams in several locations. Information is provided below that describes avoidance and
minimization measures and evaluates two alternatives to install the utility lines.
AVOIDANCE AND MINIMIZATION MEASURES
The applicant has gone to great lengths to minimize impacts to jurisdictional areas as much as
possible in the site design of this project. As authorized under the existing permit, two piling -
supported bridges will be constructed within the subdivision at considerable cost to the applicant.
When developing the utility line layout for the site, the applicant again attempted to minimize
impacts as much as possible. The utility lines will generally run parallel to the road located through
the middle of the site. The water line will be located southwest of the road and the sewer line will
run northeast of the road. The sewer line will then cross the road in the northern part of the site to
connect into an existing manhole located off Arboretum Drive near Lot 25. Because of the depth of
the manhole, the sewer line must run across Lot 25 and intersect two wetland fingers. Even if
topography was not a consideration, wetlands would still need to be crossed along Arboretum Drive
Helmsdale at Landfall; Wilmington, NC 1
Project Narrative

I—
to connect to this manhole. There is also a conflict with existing storm structures in this
route. Therefore, the route proposed on Figure 5 is the only option available to provide the project
with sewer service.
UTILITY LINE INSTALLATION ALTERNATIVES
Option 1. Directional Bore
Once the utility layout was determined, the applicant evaluated two different methods of
installation. The first method considered was installing the utility lines via directional drill/jack and
bore to avoid any additional wetland or stream impacts within the site. The sewer and water lines
will be 8" in diameter and will be installed no greater than 9 feet in depth. Performing jack and bores
in wetlands, especially shallow bores like this project, can be difficult. The sewer will be a gravity
line and a minimum slope of 0.40% between manholes needs to be maintained. In wetland soils, it
is difficult to maintain these slopes with the boring process. Oftentimes, when boring the lines, the
contractor runs into problems and the line ends up having to be open cut due to soil failures.
Additionally, the cost to install via directional bore was considered. It is estimated to cost $105,000
to bore the water and sewer lines at the six proposed locations (see Appendix B). When considering
the logistical and economic factors of directional boring these lines, this alternative was not
considered to be feasible.
Option 2: Open Cut Installation
The applicant also evaluated installing the utility lines via open cut methodology. This alternative
would require a 20' -wide construction corridor. Material removed from the trench would be
stockpiled in adjacent upland areas. Once the pipe is installed, the trench would then be returned
to pre -construction grades. In wetland areas, organic material removed from the trench will be
returned to the top 12" and the area would be seeded. This alternative would require six small
temporary wetland impacts (0.086 ac) and two temporary stream impacts (40 LF). The cost of this
alternative was also evaluated. It was determined that this alternative would cost $11,700 to install
the lines through the wetlands/streams, which is slightly more than one-tenth the cost to
directionally drill the lines (see Appendix B).
Conclusion
After reviewing the alternatives presented above, it was determined that installing via open cut
methods (Option 2) is the most practicable alternative when considering logistical, environmental,
and economic factors. Although this alternative will require some wetland and stream impacts,
these impacts will be minimal and temporary in nature. This alternative is more affordable than
directional boring the utility lines.
Helmsdale at Landfall; Wilmington, NC 2
Project Narrative

MITIGATION
To mitigate for the authorized permanent wetland impacts, the applicant was required to buy into
the NC Ecosystem Enhancement Program for the restoration of 0.25 acre of riparian wetlands. This
payment has been made (Appendix C). In addition, restrictive covenants will be recorded on all
remaining wetlands and a small upland buffer within this tract to prohibit any wetland fill beyond
what is being requested here. This will protect approximately eight acres of wetlands and 0.176 acre
of uplands. Finally, approximately 38 acres of wetlands within Landfall were deeded to the
Northeast New Hanover Conservancy. The deed for these parcels is located in Appendix C.
The temporary impact areas associated with the utility lines will be restored to pre -construction
grades and seeded once the lines are installed. However, the utility line corridor will be maintained
to assure maintenance access. But because of the very small area to be converted to herbaceous
wetlands, it is our opinion that no mitigation for these temporary impacts is necessary.
Helmsdale at Landfall; Wilmington, NC 3
Project Narrative

FIGURES

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Helmsdale at Landfall Land Management Group
New Hanover County Environmental Consultants
Wilmington, N.C. Figure 1. Vicinity Map
LMG18.394 October 2018

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Helmsdale at Landfall Land Management Group
New Hanover County Environmental Consultants
Wilmington, N.C.
LMG18.394 October 2018
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Helmsdale at Landfall Land Management Group
New Hanover County Environmental Consultants Figure 3. Soils Map
Wilmington, N.C.
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New Hanover County Environmental Consultants Figure 4.
Wilmington, N.C. 2016 Aerial Photograph
LMG18.394 October 2018

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PRELIMINARY
NOT APPROVED FOR CONSTRUCTION
- 404 WETLANDS (9.13 acres)
PROPOSED TEMPORARY WETLAND IMPACTS (0.086 acre)
PROPOSED TEMPORARY STREAM IMPACTS (40 LF)
AUTHORIZED PERMANENT WETLAND IMPACTS (0.181 acre)
- AUTHORIZED BRIDGE (No wetland/stream impacts)
Temporary Wetland Impact #3: 0.01 acre
Temporary Stream Impact #1: 20 LF
Wetland Impacts
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• Authorized Bridge
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THIS MAP IS BASED ON ORIGINAL
DRAWINGS AND/OR SURVEY
INFORMATION FROM:
WITHERS & RAVENEL
219 Station Road, Suite 101
Wilmington, NC 28405
910.256.9277
Helmsdale at Landfall
Figure 5. Site plan showing proposed
wetland and stream impacts.
Withers & Ravenel
October 2018 Land Management Group.. Inc

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Wilmington, NC 28405
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AUTHORIZED PERMANENT WETLAND IMPACTS (0.181 acre) SCALE: 1 "=50'October 2018 i Withers & Ravenel
Land Management Group

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AUTHORIZED PERMANENT WETLAND IMPACTS (0.181 acre) SCALE: 1=50' October 2018 Withers & Ravenel
1 Land Management Group

THIS MAP IS BASED ON ORIGINAL
DRAWINGS AND/OR SURVEY
INFORMATION FROM:
WITHERS & RAVENEL
219 Station Road, Suite 101
Wilmington, NC 28405
910.256.9277
PRELIMINARY
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SCALE: 1"=40'
Helmsdale at Landfall
Figure 9. Profile of sewer line showing tie-in to
existing manhole
October 2018
Withers & Ravenel
Land Management Group
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THIS MAP IS BASED ON ORIGINAL
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INFORMATION FROM:
WITHERS & RAVENEL
219 Station Road, Suite 101
Wilmington, NC 28405
910.256.9277
PRELIMINARY
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Helmsdale at Landfall
Figure 9. Profile of sewer line showing tie-in to
existing manhole
October 2018
Withers & Ravenel
Land Management Group

APPENDIX A.
Section 404/401 Permits

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
October 4, 2013
Helmsdale Investors, LLC
Attn: Mr. Tim Smith
c/o Mr. Robin Rose
Preston Development Company
100 Weston Estates Way
Cary, NC 27513
DWR # 06-0197 V2
New Hanover County
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Helmsdale at Landfall
USACE Action ID. No. SAW -2005-01184
Dear Mr. Smith:
Attached hereto is a copy of Certification No. 3611 issued to Mr. Tim Smith and Helmsdale
Investors, LLC, dated October 4, 2013. Please note that you should get any other federal,
state or local permits before proceeding with your project, including those required by (but
not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
401 & Buffer Permitting unit
1650 Mail Service Genier, Raleigh Nr rth Carolina 27699-165n
Loca,.jn: 512 N Salist.,fry St R..,aigh, North Caiat,na 2760"
Phone [phone]; cAk 919-P07 6494Servir - '-d, 7-623-674a
intemet wwa newaterqu..!1ty org
0110
NofthCat-olhia
`l " A

Helmsdale Investors, LLC
DWR# 06-0197 V2
Individual Certification #3611
Page 2 of 8
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Chad Coburn at 910-433-3320 or [e-mail]
or Jennifer Burdette at 919-807-6364 or [e-mail] if you have any
questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
cc: Kim Williams, Land Management Group, Inc., 3805 Wrightsville Ave., Ste 15, Wilmington, NC
28403
U.S. Army Corps of Engineers, Wilmington Regulatory Field Office, Wilmington District
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Steven Rynas, NC Division of Coastal Management, 400 Commerce Ave., Morehead City, NC
28557
DWR WiRO 401 files
DWR Webscape Unit
Filename: 060197V2HeimsdaleatLandfall(NewHanover)_401_IC.docx

Helmsdale Investors, LLC
DWR# 06-0197 V2
individual Certification #3611
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3611 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Mr. Tim Smith and Helmsdale Investors, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on May 30, 2013, and by Public Notice issued by the U. S. Army Corps of
Engineers and received by the Division on August 8, 2013. This Certification replaces the one
issued to you on January 29, 2007.
The State of North Carolina certifies that this activity will. not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
Type of Impact
Amount Approved
Amount Approved
(units)
(units)
Permanent
Temporary
404/401 Wetlands
0.181 (acres)
0 (acres)
2. Stormwater Management Plan
A final, written stormwater management plan (including a signed and notarized Operation
and Maintenance Agreement) shall be submitted to the State Stormwater section in the
Wilmington Regional Office at 127 Cardinal Drive Extension, Wilmington, NC 28405 within
60 days of the issuance of the 401 Water Quality Certification. The stormwater
management plans shall be approved in writing by this Office before the impacts specified
in this Certification occur. The stormwater management plan must include construction
plans, specifications, stormwater BMP worksheets, and supporting calculations. The
stormwater best management practices are required to be appropriate for the surface
water classification and designed to remove at least 85% TSS according to the most recent
version of the NC DENR Stormwater Best Management Practices Manual. These facilities
must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division. Also, before any permanent building is occupied at the subject
site, the facilities (as approved by this Office) shall be constructed and operational, and the
stormwater management plan (as approved by this Office) shall be implemented. The
structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be

Helmsdale Investors, LLC
DWR# 06-0197 V2
Individual Certification #3611
Page 4 of 8
made without written authorization from the Division.
3. Compensatory Mitigation
In accordance with the Certification issued on January 27, 2007, mitigation was provided for
the proposed impacts as specified in the table below. The NC Ecosystem Enhancement
Program acknowledged receipt of payment on June 14, 2007.
Type of Wetland
Compensatory Mitigation
Required
River and Sub -basin
Number
404/Wetland
0.181 (acres) — riparian
White Oak/03030001
4. All lots owned by the applicant must be buildable without additional impacts to'streams or
wetlands.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
6. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.

Helmsdale Investors, LU.
DWR# 06-0197 V2
Individual Certification #3611
Page 5 of 8
e. The sediment and erosion control designs must comply with the requirements set
forth in 15A NCAC 04B .0124 Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to:or: upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
7. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http:/Iportal.ncdenr.org/­­web/­­wq/­­ws/`­­su/npdessw#tab-w.
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life/fish kills.
10. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
,must be maintained above and below locations of each culvert.

Helmsdale Investors, LLC
DWR# 06-0197 V2
Individual Certification #3611
Page 6 of 8
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when
roadways, causeways, or other fill projects are constructed across FEMA -designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway4hat may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank -stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
11. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
12. All temporary pipes/culverts/riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis-equilibrium.
13. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and/or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de -stabilization of the stream bed or banks
upstream or downstream of the area.
14. Any riprap used for stream stabilization shall be of a size and density sufficient to prevent
movement by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
15. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.

Helmsdale investors, Lu,
DWR# 06-0197 V2
Individual Certification #3611
Page 7 of 8
16. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetiands. The text of the sample deed notification may be
modified as appropriate to suit to this project. Documentation of deed notifications shall be
provided to the Division upon request.
17. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
18. Continuing Compliance
Mr. Tim Smith and Helmsdale Investors, LLC shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Mr. Tim Smith and Helmsdale Investors, LLC and the U.S. Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide
opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised
conditions shall be provided to Mr. Tim Smith and Helmsdale Investors, LLC in writing, shall be
provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
, the project.
19. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. if you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division of their receipt of and commitment to comply with this Certification.
20. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion
(available at: http•//portal ncdenr org/web/wq/swp/ws/401/certsandpermits/apply/forms).

Helmsdale Investors, LLC
DWR# 06-0197 V2
Individual Certification #3611
Page 8 of 8
21. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 4th day of October 2013
DIVISION OF WATER RESOURCES
4 'w
Karen Higgins, Super ' r
401 & Buffer Permitting Unit
KAH/jab
3611

REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
January 23, 2014
Regulatory Division
Action ID. SAW -2005-01184
Mr. Robin Rose
Helmsdale Investors, LLC
Preston Development Company
100 Weston Estates Way
Cary, North Carolina 27513
Dear Mr. Rose:
In accordance with your written request of June 3, 2013, and the ensuing administrative
record, enclosed is a copy of a Department of Army (DA) Permit to discharge dredged or fill
material into 0.181 acre of waters of the United States, associated with the construction of a
residential subdivision known as Helmsdale at Landfall, in Wilmington, New Hanover County,
North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and specific conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2018.
b. You must notify this office in advance as to when you intend to commence and complete
work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Mr. David E. Bailey at the
Wilmington Regulatory Field Office, telephone [phone].

-2 -
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our web site at http://per2,nwp.usace.army.mil/survey.htmi and
completing the survey on-line. We value your comments and appreciate your taking the time to
complete a survey each time you interact with our office.
Sincerely,
i
Dale E. Beter
Chief, Wilmington Regulatory Field Office
Enclosures
Copy Furnished (with all enclosures):
Land Management Group
Attn: Kim Williams
3805 Wrightsville Avenue
Suite 15
Wilmington, North Carolina 28403
Copies Furnished (with Special Conditions & Plans):
Chief, Source Data Unit
Attn: Ms. Sharon Tear
NOAA/National Ocean Service
1315 East-West Highway, Room 7316
Silver Spring, Maryland 20910-3282
U.S. Fish and Wildlife Service
Attn: Mr. Pete Benjamin
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
National Marine Fisheries Service
Attn: Mr. Fritz Rohde
Pivers Island
Beaufort, North Carolina 28516

-3 -
U.S. Environmental Protection Agency
Attn: Ms. Jennifer Derby, Chief
Wetlands Protection Service — Region IV
Water Management Division
61 Forsyth Street
Atlanta, Georgia 30303
U.S. Environmental Protection Agency
Attn: Mr. Todd A. Bowers
Wetlands and Marine Regulatory Section
61 Forsyth Street, S.W.
Atlanta, Georgia 30303-8931
North Carolina Department of
Environment and Natural Resources
Attn: Mr. Doug Huggett
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
National Marine Fisheries Service
Attn: Mr. Pace Wilber
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Atlanta, Georgia 30303

DEPARTMENT OF THE ARMY PERMIT
Permittee: Helmsdale Investors, LLC for Helmsdale at Landfall, c/o: Mr. Robin Rose
Permit No.: SAW -2005-01184
Issuing Office: CESAW-RG-L
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The
term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction
over the permitted activity or the appropriate official of that office acting under the authority of the commanding
officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:. The applicant is authorized to discharge dredged or fill material into 0.181 acre of waters of
the United States associated with the construction of a residential subdivision known as Helmsdale at Landfall, in
Wilmington, New Hanover County, North Carolina.
Project Location: Helmsdale subdivision in the greater Landfall subdivision, located at the southwest corner of
Arboretum and S. Moorings Drive, Wilmington, North Carolina
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2018 If you find that you
need more time to complete the authorized activity, submit your request for a time extension to this office for
consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted
activity, although you may make a good faith transfer to a third party in compliance with General Condition
4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it
without a good faith transfer, you must obtain a modification of this permit from this office, which may
require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate
the Federal and state coordination required to determine if the remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the
space provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified in the certification as special conditions to this permit. For your convenience, a copy of
the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of
your permit.

Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant
to:
Q Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
() Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 -U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by
law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability
for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future 9ctivities undertaken
by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by
the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary
to the public interest was made in reliance on the information you provided.

5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public
interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification,
and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in
33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an
administrative order requiring you to comply with the. terms and conditions of your permit and for the
initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered
by this office, and if you fail to comply with such directive, this office may in certain situations (such as those
specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by
this permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or
a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a
request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and
conditions of this permit.
- -'�) i - '-� -�- -L
(PERMIT E) (DAT )
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has
signed below.
//� < -- 112311Y
(DISTRICT ENGINEER) STEVEN A. BAKER, COLONEL (DATE)

When the structures or work authorized by this permit are still in existence at the time the property is
transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the
property. To validate the transfer of this permit and the associated liabilities associated with compliance with
its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425
4

SPECIAL CONDITIONS
HELMSDALE INVESTORS, LLC
FOR HELMSDALE AT LANDFALL
SAW -2005-01184
Work Limits
a) Construction Plans: All work authorized by this permit must be performed in strict
compliance with the attached plans dated May 2013, which are a part of this permit. Any
modification to these plans must be approved by the US Army Corps of Engineers (USACE)
prior to implementation.
b) Unauthorized Dredge or Fill: Except as authorized by this permit or any USACE
approved modification to this permit, no excavation, fill or mechanized land clearing activities
shall take place at any time in the construction or maintenance of this project, within waters or
wetlands. This permit does not authorize temporary placement or double handling of fill material
within waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
c) Maintain Circulation and Flow of Waters: Except as specified in the plans attached to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, in such a manner as to impair normal flows and
circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands.
e) Deviation From Permitted Plans: The Permittee shall ensure that the construction design
plans for this project do not deviate from the permit plans attached to this authorization. Written
verification shall be provided that the final construction drawings comply with the attached
permit drawings prior to any active construction in waters of the United States, including
wetlands. Any deviation in the construction design plans will be brought to the attention of the
Corps of Engineers, Ms. Liz Hair, Wilmington Regulatory Field Office prior to any active
construction in waters or wetlands.
f) Preconstruction Meeting: The Permittee shall schedule a preconstruction meeting
between its representatives, the contractor's representatives, and the appropriate Corps of
Engineers representative, prior to any work within jurisdictional waters and wetlands to ensure
that there is a mutual understanding of all of the terms and conditions contained within this
Department of the Army Permit. The Permittee shall invite the Corps and NCDWQ Project
Managers a minimum of thirty (30) days in advance of the scheduled meeting in order to provide
those individuals with ample opportunity to schedule and participate in the required meeting.
Related Laws
g) Sediment Erosion Control Plan: Thirty Days prior to commencing land disturbing
activity, a Sediment/Erosion Control Plan will be filed with the Division of Land Resources,
Land Quality Section, North Carolina Department of Natural Resources and Community
Development.

The Plan must:
1. Include a scaled plat plan of the site, showing the affected areas as well as adjacent properties
which may be affected. Include contours, if available.
2. Indicate critical areas such as wetlands, streams, drainways, marsh, etc.
3. Include a brief narrative describing the activities to be undertaken and the construction schedule.
4. Indicate on the plat measures to be utilized to prevent sediment from entering adjacent
properties, such as location of silt fences, silt basins, diversion ditches, hay barriers, areas to be
seeded, etc.
5. Include any other pertinent information directed at controlling offsite sedimentation, slope
degradation and erosion.
Note: The Plan is required whenever the proposed activity is to be undertaken on a tract
comprising more than one acre, if more than one contiguous acre is to be uncovered.
h) Water Contamination: All mechanized equipment will be regularly inspected and
maintained to prevent contamination of waters and "wetlands from fuels, lubricants, hydraulic
fluids, or other toxic materials. In the event of a spill of petroleum products or any other
hazardous waste, the Permittee shall immediately report it to the N.C. Division of Water
Resources at [phone]or [phone] and provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act will be followed.
Project Maintenance
i) The Permittee shall advise the Corps in writing prior to beginning the work authorized by
this permit and again upon completion of the work authorized by this permit.
j) Clean Fill: Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with
any toxic substance in concentrations governed by Section 307 of the Clean Water Act.
k) Permit Distribution: The Permittee shall require its contractors and/or agents to comply
with the terms and conditions of this permit in the construction and maintenance of this project,
and shall provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including all
conditions, shall be available at the project site during construction and maintenance of this
project.
1) Silt Fencing: The Permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen till, and the immediate stabilization of all disturbed areas. Additionally, the project must
-4-

remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
m) No fill or excavation for the purposes of sedimentation and erosion control shall occur
within jurisdictional waters, including wetlands, unless it is included on the plan drawings and
specifically authorized by this permit.
n) The Permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre -project condition.
Enforcement
o) Reporting Address: All reports, documentation and correspondence required by the
conditions of this permit shall be submitted to the following address: U.S. Army Corps of
Engineers, Regulatory Division, Wilmington Regulatory Field Office, c/o Ms. Liz Hair, Field
office address, and by telephone at: 910-251-4049. The Permittee shall reference the following
permit number, SAW -2005-01184-065, on all submittals.
p) Reporting Violations of the Clean Water Act and Rivers and Harbors Act: Violations of
these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and
Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers
within 24 hours of the Permittee's discovery of the violation.
q) Compliance Inspection: A representative of the Corps of Engineers will periodically and
randomly inspect the work for compliance with these conditions. Deviations from these
procedures may result in an administrative financial penalty and/or directive to cease work until
the problem is resolved to the satisfaction of the Corps.
r) The Permittee shall take measures to prevent live or fresh concrete from coming into
contact with any surface waters until the concrete has hardened.
Mitigation
S) The applicant has completed payment into the NC EEP In lieu fee program
for 0.181acre riparian wetland credits in the White Oak River Basin 03030001 by receipt dated
June 14, 2007.
t) Prior to initiating work authorized by this permit, the Permittee shall execute and cause to
be recorded in the New Hanover County Register of Deed the attached Declaration of Protective
Covenants for Helmsdale at Landfall and North Carolina General Warranty Deed Conditions and
Restrictions Exhibit A and the attached survey titled Helmsdale at Landfall II: Wetland
Preservation Map prepared by Withers & Ravenel on November 6, 2006. The Permittee shall
provide a copy of the recorded easement and plat to the Corps of Engineers within 15 days of
recording. The Permittee shall take no action inconsistent with the terms and purpose of the
conservation easement on the property described therein. Furthermore. the Permittee shall
-5-

transfer no interest in the conservation property to any third party prior to the recordation of the
easement.
The Permittee shall preserve and maintain the 8.25 acres of high quality wetlands and 0.176 acre
of uplands adjacent to Howe Creek as surveyed on the attached plat titled Helmsdale at Landfall
II: Wetland Preservation Map prepared by Withers and Ravenel on November 6, 2006.
Additionally, the Permittee shall also preserve and maintain an 8.34 -acre and a 29.27 -acre parcel,
described in Exhibit A of the North Carolina General Warranty Deed Conditions and
Restrictions as conservation property. The Permittee is prohibited from performing any of the
following activities on the property: Filling, grading, excavating, earth movement of any kind;
the construction of roads, walkways, buildings, signs, or any other structure; any activity that
may alter drainage patterns on the property; the destruction, mowing, or other alteration of
vegetation on the property; disposal or storage of any garbage, trash, or other waste material; or
any other activity which result in the wetlands being adversely impacted or destroyed.
These provisions relating to wetlands, including the prohibited activities described above cannot
be amended without the express written consent of the U.S. Army Corps of Engineers,
Wilmington District. The Permittee shall enforce the terms of the restrictive/protective covenants
and, prior to recording to restrictive/protective covenants, shall take no action on the property
described in the covenants inconsistent with the terms thereof.
1. General evaluation criteria under the public interest review. We considered the following within
this document:
a. The relative extent of the public and private need for the proposed structure or work.
b. There are no unresolved conflicts as to resource use.
c. The extent and permanence of the beneficial and/or detrimental effects, which the proposed work
is likely to have on the public, and private uses to which the area is suited. Detrimental impacts
are expected to be minimal although they would be permanent in the construction area. The
beneficial effects associated with utilization of the property would be permanent. The proposed
project would result in the loss of 0.181 acre of wetlands. The impacted areas as well as the
habitat functions provided would be permanently lost. Compensation for 0.181 acre wetland
impacts has already been provided through payment into NC EEP at a 1:1 ratio. Some short term
impacts from turbidity, sedimentation, dust, noise, and traffic disruption are expected as a result
of construction activities.
2. Determinations.
a. Public Hearing Request: ®NA
No Public hearing requests were received for this project.
b. Section 176(c) of the Clean Air Act General Conformity Rule Review: The proposed permit
action has been analyzed for conformity applicability pursuant to regulations implementing
Section 176(c) of the Clean Air Act. It has been determined that the activities proposed under
I on

this permit will not exceed de minimis levels of direct or indirect emissions of a criteria pollutant
or its precursors and are exempted by 40 CFR Part 93.153. Any later indirect emissions are
generally not within the Corps' continuing program responsibility and generally cannot be
practicably controlled by the Corps. For these reasons a conformity determination is not
required for this permit action.
c. Relevant Presidential Executive Orders.
(1) EO 13175, Consultation with Indian Tribes, Alaska Natives, and Native Hawaiians. This action
has no substantial direct effect on one or more Indian tribes.
(2) EO 11988, Floodplain Management. Alternatives to locations within the floodplain,
minimization, and compensation of the effects were considered above.
(3) EO 12898, Environmental Justice. In accordance with Title III of the Civil Rights Act of 1964
and Executive Order 12898, it has been determined that the project would not directly or through
contractual or other arrangements, use criteria, methods, or practices that discriminate on the
basis of race, color, or national origin nor would it have a disproportionate effect on minority or
low-income communities.
(4) EO 13112, Invasive Species.
There were no invasive species issues involved.
(5) EO 13212 and 13302, Energy Supply and Availability. The project was not one that will
increase the production, transmission, or conservation of energy, or strengthen pipeline safety.
b. Finding of No Significant Impact (FONSI). Having reviewed the information provided by the
applicant and all interested parties and an assessment of the environmental impacts, I find that
this permit action will not have a significant impact on the quality of the human environment.
Therefore, an Environmental Impact Statement will not be required.
c. Compliance with 404(b)(1) guidelines.
Having completed the evaluation in paragraph 5, I have determined that the proposed discharge
complies with the 404(b)(1) guidelines.
d. Public Interest Determination: I find that issuance of a Department of the Army permit is not
contrary to the public interest.
e. REPORTING ADDRESS: All reports, documentation and correspondence required by
the conditions of this permit shall be submitted to the following address: U. S. Army Corps
of Engineers, Regulatory Division, Wilmington Regulatory Office, c/o Mrs. Liz Hair, 69
Darlington Avenue, Wilmington, North Carolina 28403, and by telephone at: (910) 251-
4049. The Permittee shall reference the following permit number, SAW -2005-01184, on all
submittals.
_7.

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Helmsdale at Landfall
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t r.�iv atet Sen�ary 2005" revised May 2006 j 1-and •r::rn.r�Jr rr. ni
SCALE: 1=50' { and DecemUtx 20(#r
_ _

T)

APPENDIX B.
Cost Comparison Tables

Helmsdale at Landfall Phase 2
Estimated Cost Comparision
OPEN CUT
ITEM QUANTITY UNIT UNIT COST TOTAL
118" SEWER 120 LF $ 80.00 $ 9,600
118" WATER 70 LF $ 30.00 $ 2,100
OPEN CUT ESTIMATED TOTAL = $ 11,700
BORE & JACK/DIRECTIONAL DRILL
ITEM QUANTITY UNIT UNIT COST TOTAL
118" BORE AND JACK (SEWER) 120 LF $ 700.00 $ 84,000
118" DIRECTIONAL DRILL (WATER) 70 LF $ 300.00 $ 21,000
BORE/DRILL ESTIMATED TOTAL= $ 105,000

APPENDIX C.
Mitigation Documents

r4
Feo tem
a _�)) , j
PROGRAM
--. _ ----------------------_ _ __ ----QFC-�IP�'--------------------
June 14, 2007
Tim Smith
Helmsdale Investors, LLC
100 Weston Estates Way
Cary, NC 27513
Project:
Helmsdale at Landfall
County:
New Hanover
DWQ#:
2006-0197
COE#:
2005-1184-065
EEP #:
ILP -20064562
Amount Paid:
$6,961.75
Check Number:
1035
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404/CAMA Permit(s) issued for the above
referenced project. This receipt serves as notification that your compensatory mitigation requirements associated with the authorized
activity as specified below have been satisfied. You must also comply with all other conditions of this certification and any other
state, federal or local government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and
Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin
Stream Credits Wetland Credits Buffer I & :I
CU
(linear feet) (acres) (Sq. Ft.)
Cold
Cool
Warm Riparian
Non -Riparian
Coastal Marsh
White Oak
0
0
0 0.181
0
0 0
03030001
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is
received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting
agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information,
please contact Kelly Williams at [phone].
Sincerely,
Y William D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Jennifer Frye, USACE-Wilmington , Thelma Hemmingway, USACE-Wilmington
Noelle Lutheran, DWQ-Wilmington
Doug Huggett, NCDCM, Morehead City
Kim Williams, agent
File

111167111111111
SFOR REGISTRATION REGISTER OF DEED!
JENNIFER H. MAGIEISH
2819 DEC30 10:48:22 PA
BK:5536 PG:2121-2724 FEE:$25.0@
WIN 12199 76»
Type Of Instrument: Non -Warranty Deed
Prepared By: Kenneth L. Eagle
Mail To: Paula Bushardt,1513 Futch Creek Road, Wilmington NC 28411
NOTE: The Attorney who prepared this Deed has given no opinion on title to the Grantee with respect to the real property
conveyed by this Deed.
Excise Tax $0
Tax Parcel I.D. Nos.
(1) R05100-002-016-000
(3) R05114-009-181-000
(5) R05114-009-184-000
(2) R05105-006-001-000
(4) R05114-009-183-000
(6) R05114-009-186-000
NOTE: The real property conveyed by this Deed does NOT include the primary residence of the Grantor.
NORTH CAROLINA NON -WARRANTY DEED
THIS DEED is made this d3 r J day of December, 2010, by and between:
GRANTOR: Landfall Miscellaneous Tracts LLC
Address: 100 Weston Estates Way, Cary, NC 27513
GRANTEE: Northeast New Hanover Conservancy
Address: c% Paula Bushardt, 1513 Futch Creek Road, Wilmington NC 28411
(The designation of Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include the
singular, plural, masculine, feminine or neuter as required by the context.)
WITNESSETH:
THE GRANTOR, for a valuable consideration, the sufficiency and receipt of which is hereby acknowledged, has and by these
presents does grant, bargain, sell and convey unto the Grantee, in fee simple, all that certain real property, lying and being in New Hanover
County, North Carolina, and being more particularly described as follows (together, the "Property"):
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED BY REFERENCE.
The Property was acquired by Grantor by instrument recorded in the New Hanover County Registry in Book 3907, Page 6. TO
HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple.
The Grantor makes no warranty, express or implied, as to title to the Property conveyed by this Deed.
(keagleuandfall\nh conservancy deedl-2)

dr -
Non -Warranty Deed
Page 2
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its duly authorized official, the day and year
first above written.
Landfall Miscellaneous Tracts LLC
North Carolina, Wake County
I certify that the following person personally appeared before me this day and acknowledged to me that he executed the foregoing
document in the capacity indicated: Timothy R. Smith.
Date: Decembep Z 2010
Z
NOTARY N
Pt181.IC
I
(keagle\landfa111nh conservancy deed 1-2)
K�"'
p(ary Public Typed/Printed
Name: ._
My Commission Expirel:

R
- i
Non -Warranty Deed
Page 3
EXHIBIT A
TO
DEED
DESCRIPTION OF PROPERTY:
(Note: All recording references herein are to the New Hanover County, North Carolina Registry.)
LYING AND BEING in or near the City of Wilmington, New Hanover County, North Carolina, and being more particularly
described as follows:
Tract 1 and Tract 2:
All of the real property described on maps attached as "Exhibit A-1" and "Exhibit A-2" to the Deed from Landfall Associates to
Landfall Miscellaneous Tracts LLC recorded in the New Hanover County, North Carolina Registry in Book 3907, Page 6, said deed being
incorporated by reference as if fully set out herein. Tract 1 further is described by New Hanover County Tax Parcel number R05100-002-
016-000 and Tract 2 further is described by New Hanover County Tax Parcel number R05105-006-001-000.
Tract 3:
All of that tract identified as "Landfall Associates Area' I', 0.29 acres", adjoining the southern margin ofthe right of way of South
Moorings Drive and the eastern margin of a proposed 60 foot right of way, as shown on a map recorded in Map Book 38, Page 265, said
map being incorporated by reference as if fully set out herein.
Tract 4:
All of that tract identified as "Landfall Associates Area 'H-2, 10.41 acres"' on a map recorded in Map Book 38, Page 264, said
map being incorporated by reference as if fully set out herein.
Tract 5:
All ofthose tracts identified as "Landfall Associates Area'G-1', 0.59 acres" and "Landfall Associates Area'G-2', 0.07 acres" on
a map recorded in Map Book 38, Page 263, said map being incorporated by reference as if fully set out herein.
Tract 6:
All of that tract identified as "Landfall Associates Area'D-1', 0.33 acres", as shown on a map recorded in Map Book 38, Page
262, said map being incorporated by reference as if fully set out herein.
(keagle\landfall\nh conservancy deed 1-2)

�OTY.
I �0
4
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
t#Rff#t*tft*ttftftt#tt#ttt*Rfftfffttt#tt*fffftt##tt#;*fft*ftfff#fiif;#f#ffftff*fti*;*##f##*f#ft**;*ftt###ff##t;###*#ftft
Filed For Registration: 121301201010:48:22 AM
Book: RE 5536 Page: 2721-2724
Document No.: 2010037677
4 PGS $25.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2010037677*
2010037677