20181486 Ver 1_Response to USACE_20190508

Strickland, Bev
From: [e-mail]
Sent: Wednesday, May 08, 2019 9:30 AM
To: Mairs, Robb L
Cc: Montalvo, Sheri A
Subject: [External] FW: SAW -2018-00195 Saratoga Subdivision NWP - Request for additional
information (UNCLASSIFIED)
Attachments: 7 May 2019 Response to USACE RFAI #2 with Attachments.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
Good morning, Robb.
I forgot to include you and Sheri on the submittal of our response to the USACE's RFAI.
If you have any questions, please call.
Thanks a bunch.
Dana
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
Mobile: [phone] (preferred)
www.segi.us
-----Original Message -----
From: [e-mail] <[e-mail]>
Sent: Tuesday, May 7, 2019 2:49 PM
To: 'Greer, Emily C CIV USARMY CESAW (US)' <[e-mail]>
Subject: RE: SAW -2018-00195 Saratoga Subdivision NWP - Request for additional information (UNCLASSIFIED)
Hello, Emily.
Thank you, for the extra time, to get our response to you. I have attached it hereto. Please let me know if you have any
questions.
Dana
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
Mobile: [phone] (preferred)
1

www.segi.us
-----Original Message -----
From: [e-mail] <[e-mail]>
Sent: Monday, April 29, 2019 1:46 PM
To: 'Greer, Emily C CIV USARMY CESAW (US)' <[e-mail]>
Subject: RE: SAW -2018-00195 Saratoga Subdivision NWP - Request for additional information (UNCLASSIFIED)
Emily,
I hate to do this, but can we get an extension? I am having a hard time getting the maps adequately prepared.
Dana
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
Mobile: [phone] (preferred)
www.segi.us
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Sent: Friday, March 29, 2019 5:38 PM
To: [e-mail]; [e-mail]
Cc: Mairs, Robb L <[e-mail]>
Subject: RE: SAW -2018-00195 Saratoga Subdivision NWP - Request for additional information (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Dana -
Please accept this as official correspondence for the above referenced project. The following information is needed to
complete the application and/or to finalize the application review. Please provide an electronic submittal of the entire
application package within 30 days of this request.
If a response has not been received by this time or a request has not been made for an extension, the application will
automatically be withdrawn.
1. The application was still incomplete because the applicant's contact information had not been provided, as requested;
however, SEGi provided the Corps with this information yesterday (3/27/19).
2. The applicant is required to electronically submit a new application package reflecting the required changes and/or
additional information. It is not impracticable to make changes to an application and resubmit electronically as there
have been multiple instances of an applicant resubmitting through the ePCN process in response to comments. It is
incumbent upon the applicant to keep a record of their submittal, not for the agencies to have to toggle back and forth
between different versions of their submittal in order to review the complete project. Please submit the entire package
either through the ePCN process or by direct email to the agencies.
3. The Corps provided comment regarding the proposal to construct Secretariat Run to the eastern project boundary
and referenced a statement in the application that this is not a phased project (See comment 4 below).
Furthermore, the Corps stated that due to the location of jurisdictional resources at the project boundary, the applicant
will only be allowed to construct a 12 -foot wide access road beginning at the lot boundary for Lots 20/21, and that the

access road will not be allowed to continue beyond the driveway. The applicant provided a response stating that
"...Pender County will require the adjacent tract to connect to Secretariat Run when and if it is developed..." and that
the impact is "reasonably anticipated to take place and is unavoidable" and made no changes at this location, as
directed.
The Corps agrees that the impact is reasonably anticipated and unavoidable; however, there are key facts that the
applicant's agents fails to understand about their own point. First, county requirements do not trump federal
regulations. Second, it is the entire impact that is reasonably anticipated to take place, not just the portion of the impact
that the applicant is proposing. Third, the applicant owns the adjacent property. Fourth, by regulation, the Corps cannot
approve road construction beyond Lots 20/21 due to the location of jurisdictional resources at this location. Regulation
33 CFR 325.1(d)(2) states that all activities the applicant plans to undertake which are reasonably related to the same
project and for which a DA permit would be required should be included in the same permit application.
Furthermore, the regulation states that the District Engineer should reject, as incomplete, any permit application which
fails to comply with this requirement.
Because the applicant owns the adjacent property, there are jurisdictional resources at this location that extend beyond
the project boundary, a discharge of fill is currently needed at this location, and a DA permit will be required to
complete the crossing beyond the project boundary, which is reasonably related to the currently proposed project, the
applicant must either follow the Corps' direction as previously stated or they must complete the crossing, terminating
the road in high ground on the adjacent property, and show a reasonable development at the road's terminus. To
choose the latter of these two options would mean that the project would no longer qualify for a NWP 29 because
impacts would exceed 0.5 -acre and the FEMA floodline is mapped at this location (Regional Conditions 4.1.3 and 4.1.4).
As such, this application is still incomplete because the project does not comply with the regulations.
Please either eliminate the impact as directed or apply for an individual permit.
4. The applicant did not adequately address item 7 of the Corps' comments (See below). Does the applicant still intend
to provide information to homeowners regarding how to access available uplands in a manner that would not require a
permit? If so, please provide the language that will be used for review.
5. The Corps disagrees with the applicant's proposal to provide 1:1 mitigation. NCWAM guidance states that for a site to
be considered intensively managed, the activity should have occurred approximately within the last 10 years. This site
was last cut in or about 1993, over 25 years ago. Very few manmade drainageways exist onsite, and those that are
present have not been maintained in probably over 25 years, leaving the hydrology of the site intact. Furthermore, the
Corps disagrees with the applicant's assessment that the site contains limited vegetative diversity and does not promote
habitat for wildlife. While the site may support a predominance of pine due to its historical use for a silviculture
operation, and thus may have areas with a dense understory as a result of this past disturbance, there are more
vegetative species present than what the applicant listed and an abundance of uses that wildlife can benefit from
throughout various stages of their life cycle and for various reasons, such as foraging and nesting. Additionally, the
habitat of this site is comparable to a plethora of other sites for which the Corps has recently required 2:1 mitigation.
Please provide a mitigation credit reservation letter reflecting a 2:1 ratio for the restoration of the proposed impacts.
6. A temporary impact at H is now being proposed; however, listed impact amounts vary and the impact is not shown on
the inset. Upon further review, it is actually quite difficult in some instances to see the project and project impacts on
the insets. Additionally, the applicant's agents are well aware that it has been a long-standing requirement that project
drawings be submitted to the Corps in 11x17" format. Please insure impact amounts are consistent throughout the
submittal, show the temporary impact at H on the inset, provide the correctly sized drawings, adjust the overall map so
that the drawing and the legend match, and either turn off data layers that aren't useful to the review and that also
make the inset drawings too busy or darken the limits of the project at each crossing so that they are clearly discernible
from other data layers.

7. A perennial stream exists at Impact 1, not an open water (ditch). Please correct in all appropriate locations within the
submittal. Please show the stream on the drawings for this impact.
8. In response to item 5 of the Corps' comments (see below) concerning the depth at which culverts were planned to be
buried, the applicant stated that the culverts would be set at existing grade and that these changes were reflected in the
newly provided cross-section drawings; however, the drawings lack the detail needed for the Corps' review. Please
update the DOT drawings originally submitted with the application to reflect the needed changes, as they are adequate
for review.
9. Tributary 3 is not accurately depicted on the overall impact map. See the approved delineation map created by SEGi.
Additionally, the entire length of the tributary from the point of impact located south of Saratoga Way on Lot
24 north to its terminus at the existing culvert and soil road on Lot 37 needs to be included in the total impact amount.
Please provide the entire application package at your earliest convenience and feel free to contact me with any
questions.
Emily Greer, Regulatory Specialist
Wilmington District - Wilmington Regulatory Field Office
69 Darlington Avenue, Wilmington, NC 28403
910.251.4567 (o)
-----Original Message -----
From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, March 27, 2019 6:10 PM
To: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: RE: [Non-DoD Source] RE: SAW -2018-00195 Saratoga Subdivision NWP - Request for additional information
(UNCLASSIFIED)
I'm sorry. I thought I sent that as part of my response.
Robert H Jackson
American Homesmith, LLC
919-291-8721, mobile
PO Box 97365
Raleigh, NC 27624
[e-mail]
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
Mobile: [phone] (preferred)
Blockedwww.segi.us
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Sent: Wednesday, March 27, 2019 5:51 PM

To: [e-mail]
Subject: RE: [Non-DoD Source] RE: SAW -2018-00195 Saratoga Subdivision NWP - Request for additional information
(UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Dana -
I'm working on additional comments, but we need the applicant's information first. Currently, the application is still
incomplete.
Please provide this information at your earliest convenience.
Thank you -
Emily
-----Original Message -----
From: [e-mail] [mailto:[e-mail]]
Sent: Wednesday, March 6, 2019 6:04 PM
To: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Subject: [Non-DoD Source] RE: SAW -2018-00195 Saratoga Subdivision NWP - Request for additional information
(UNCLASSIFIED)
Hello, Emily.
Well, here ya go. I hope it is sufficient to address all of your concerns. I did the best I could on the ORM Sheet. Please call
me if you have any questions.
Thanks a bunch.
Dana
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
Mobile: [phone] (preferred)
Blocked Blockedwww.segi.us
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US) <[e-mail]>
Sent: Monday, December 3, 2018 6:04 PM
To: Dana Lutheran <[e-mail]>
Subject: SAW -2018-00195 Saratoga Subdivision NWP - Request for additional information (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Dana -
Please accept this as official correspondence for the above referenced property. The following information is needed to
complete the application and/or to finalize the application review. The applicant is required to electronically submit a
new application package reflecting the required changes and/or additional information.

1. Please either show all isolated wetlands as non -jurisdictional and filled or remove them entirely from the impact map.
Please note that the feature at Impact B is an isolated wetland. Please add the four stream features to the impact map
and account for impacts at Impact A and for Tributary 3 located in the vicinity of Keeneland Court/Lot 37.
2. The site has been delineated and verbal approval of the delineation has been provided. Please reference the
delineation and provide answers to questions 4(f) and 4(g) on the PCN.
3. A road crossing is proposed at Impact I; however, there is no indication that a culvert is being installed at this location,
which is required.
Please update drawings to reflect this change.
4. The applicant has proposed to construct Secretariat Run to the eastern project boundary and has stated in the
application that this is not a phased project. Due to the location of jurisdictional resources immediately beyond the
project boundary, the applicant will only be allowed to construct a 12 -foot wide access road beginning at the lot
boundary for Lots 20/21. The access road will not be allowed to continue beyond the driveway. Impacts should be
revised to show no wetland impacts on the north side of the road from the Lot 20/21 boundary.
5. At each road crossing, the applicant has proposed to bury culverts either four or six inches. Per the Wilmington
District's Regional General Condition, culverts must be designed and installed so that destabilization and headcutting are
minimized. Additionally, culverts in wetlands do not have to be buried. Given the elevation changes from north to south
at each crossing, the Corps is concerned that the proposal to bury the culverts will result in secondary drainage effects
and headcutting upslope of the crossing. Please either provide a written explanation as to why the culverts must be
buried that also addresses the Corps' concerns or redesign the crossings with an adequate size and number of unburied
culverts to equalize surface waters.
6. The applicant is proposing to install culverts at Impact H that will discharge into what appears to be a piped ditch
before ultimately discharging south to wetlands abutting Harrison Creek. Drainage for this wetland already exists just
offsite from Impact H. Construction of an additional drain will have secondary drainage effects. Burying the culvert and
piping the ditch increases the likelihood of a drainage effect occurring and could also create headcutting. Please either
provide a written explanation of the purpose and need for this drain that also addresses the Corps' concerns or remove
it from the plans entirely.
7. In a pre -application meeting with the Corps, the applicant stated that language regarding how to access upland areas
on lots with wetlands without a permit will be provided in the HOA restrictive covenants. To ensure the correct
information is being disseminated to future buyers, please provide the language that will be used for the Corps' review.
8. Please revise impact labels and impact amounts, and update drawings accordingly. Also, please fill out the attached
spreadsheet for project impacts and attach it as a separate document when resubmitting.
9. Please provide a compensatory mitigation credit release letter. Without justification, mitigation for wetland and
perennial stream impacts should be provided at a 2:1 ratio and intermittent stream and conversion impacts should be
provided at a 1:1 ratio. Please note that tree cutting on lots with wetlands with the intent to allow the buyer to maintain
those areas in an herbaceous state is considered a permanent impact and should be accounted for in impact totals and
mitigation provided.
Please provide a new application package reflecting the required changes within 30 days of this correspondence. Feel
free to contact me with any questions regarding this project.
Thank you,

Emily Greer, Regulatory Specialist
Wilmington District - Wilmington Regulatory Field Office
69 Darlington Avenue, Wilmington, NC 28403
910.251.4567 (o)
-----Original Message -----
From: Greer, Emily C CIV USARMY CESAW (US)
Sent: Thursday, November 29, 2018 6:15 PM
To: 'Dana Lutheran' <[e-mail]>
Subject: SAW -2018-00195 Saratoga Subdivision NWP - Incomplete application notification (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Dana -
Please accept this as official correspondence for the above referenced property. The following information is needed to
complete the application and/or to finalize the application review. The applicant is required to electronically submit a
new application package reflecting the required changes and/or additional information.
1. The application is incomplete because the applicant's contact information has not been provided. The prospective
permittee's first and last name, address (both physical and electronic are required), and telephone number are required.
Because the consultant is not the applicant, providing the consultant's information in lieu of the applicant's is not
correct. Please reference NWP General Condition
32(b)(1) for the required applicant information.
Please provide this information at your earliest convenience to begin the
45 day permit review process.
Emily Greer, Regulatory Specialist
Wilmington District - Wilmington Regulatory Field Office
69 Darlington Avenue, Wilmington, NC 28403
910.251.4567 (o)
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED

joutkern environmental GrouP, Inc.
5315 South College Road, juite F • Wilmington, NC 28412
P6: 910.452.271 1 • We6site: www.segi.us
7 May 2019
Via Electronic Mail
US Army Corps of Engineers
Wilmington Regulatory Office
Attn: Ms. Emily Greer
69 Darlington Avenue
Wilmington, NC 28403
Emily. C. Greer(a�usace. army. mil
RE: Saratoga (Britton Tract) Pre -Construction Notification
Response to USACE Request for Additional Information (RFAI)
(Unclassified)
Dear Emily,
With this correspondence, SEGi will attempt to address your request for additional information, which was received
29 March 2019, via email, and which has been outlined below followed by our response:
Please accept this as official correspondence for the above referenced project. The following information is
needed to complete the application and/or to finalize the application review. Please provide an electronic
submittal of the entire application package within 30 days of this request. If a response has not been received
by this time or a request has not been made for an extension, the application will automatically be withdrawn.
1. The application was still incomplete because the applicant's contact information had not been provided,
as requested, however, SEGi provided the Corps with this information yesterday (3/27/19).
Thank you.
2. The applicant is required to electronically submit a new application package reflecting the required
changes and/or additional information. It is not impracticable to make changes to an application and
resubmit electronically as there have been multiple instances of an applicant resubmitting through the
ePCN process in response to comments. It is incumbent upon the applicant to keep a record of their
submittal, not for the agencies to have to toggle back and forth between different versions of their submittal
in order to review the complete project. Please submit the entire package either through the ePCN process
or by direct email to the agencies.
SEGi would be happy to accommodate this request but are not able. Unfortunately, the electronic PCN
does not allow the Applicant to update the PCN form and packet, as you suggest. I have contacted the
DWR, who has confirmed this. Therefore, to do as you request, the entire PCN would need to be re -written
and the supporting documentation attached. This is not practicable. While in the USACE office, I spoke
with Mickey Sugg regarding this matter. He recommended the response be submitted as presented.
3. The Corps provided comment regarding the proposal to construct Secretariat Run to the eastern project
boundary and referenced a statement in the application that this is not a phased project (See comment 4
below). Furthermore, the Corps stated that due to the location of jurisdictional resources at the project
boundary, the applicant will only be allowed to construct a 12 foot wide access road beginning at the lot
boundary for Lots 20/21, and that the access road will not be allowed to continue beyond the driveway. The
applicant provided a response stating that "...Pender County will require the adjacent tract to connect to
Secretariat Run when and if it is developed... " and that the impact is "reasonably anticipated to take place
and is unavoidable" and made no changes at this location, as directed.

Saratoffa (Britton Tract) Response to USACE RFAI #2 Dated 4/29/19
The Corps agrees that the impact is reasonably anticipated and unavoidable; however, there are key facts
that the applicant's agents fails to understand about their own point. First, county requirements do not
trump federal regulations. Second, it is the entire impact that is reasonably anticipated to take place, not
just the portion of the impact that the applicant is proposing. Third, the applicant owns the adjacent
property. Fourth, by regulation, the Corps cannot approve road construction beyond Lots 20/21 due to the
location of jurisdictional resources at this location. Regulation 33 CFR 325.1(d)(2) states that all activities
the applicantplans to undertake which are reasonably related to the sameproject and for which a DA permit
would be required should be included in the same permit application. Furthermore, the regulation states
that the District Engineer should reject, as incomplete, any permit application which fails to comply with
this requirement.
Because the applicant owns the adjacent property, there are jurisdictional resources at this location that
extend beyond theproject boundary, a discharge of fill is currently needed at this location, and a DA permit
will be required to complete the crossing beyond the project boundary, which is reasonably related to the
currently proposed project, the applicant must either follow the Corps' direction as previously stated or they
must complete the crossing, terminating the road in high ground on the adjacent property, and show a
reasonable development at the road's terminus. To choose the latter of these two options would mean that
the project would no longer qualify for a NWP 29 because impacts would exceed 0.5 -acre and the FEMA
floodline is mapped at this location (Regional Conditions 4.1.3 and 4.1.4). As such, this application is still
incomplete because the project does not comply with the regulations.
Please either eliminate the impact as directed or apply for an individual permit.
The Applicant (Saratoga Pender, LLC) does not own the adjacent property, it is owned by Britton Woodlands,
LLC, whose managing agent is listed as Timberland Investment Resources, LLC. The Applicant has since
taken ownership of the project tract (see Attachment 4) and is in no way affiliated with either of the entities
who own the adjacent tract. The Applicant is not currently under contract to purchase adjacent property and
has no intention of purchasing the property, in the future. Therefore, the project does comply with 33 CFR
325.1(d)(2), as it includes all activities the Applicant plans to undertake, which are reasonably anticipated and
related to the same project. SEGi agrees that the county does not trump federal rules, but connectivity will be
required, by the county, if the adjacent property is developed in the future. It is common practice to include
reasonably anticipated impacts to wetlands that will occur as a result of providing interconnectivity. Thus, the
proposed impact remains.
4. The applicant did not adequately address item 7 of the Corps' comments (See below). Does the applicant
still intend to provide information to homeowners regarding how to access available uplands in a manner
that would not require a permit? If so, please provide the language that will be used for review.
The deed notification has been revised to advise future lot owners that access to available uplands will need to
be undertaken by bridging or other means that do not require impacting wetlands (see Attachment 1).
S. The Corps disagrees with the applicant's proposal to provide 1:1 mitigation. NCW4M guidance states
that for a site to be considered intensively managed, the activity should have occurred approximately within
the last 10 years. This site was last cut in or about 1993, over 25 years ago. Very few manmade drainageways
exist onsite, and those that are present have not been maintained in probably over 25 years, leaving the
hydrology of the site intact. Furthermore, the Corps disagrees with the applicant's assessment that the site
contains limited vegetative diversity and does not promote habitat for wildlife. While the site may support a
predominance ofpine due to its historical use for a silviculture operation, and thus may have areas with a
dense understory as a result of this past disturbance, there are more vegetative species present than what
the applicant listed and an abundance of uses that wildlife can benefit from throughout various stages of
their life cycle and for various reasons, such as foraging and nesting. Additionally, the habitat of this site
is comparable to a plethora of other sites for which the Corps has recently required 2:1 mitigation. Please
N

Saratoga (Britton Tract) Response to USACE RFAI #2 Dated 4/29/19 `,F_Cji
provide a mitigation credit reservation letter reflecting a 2:1 ratio for the restoration of the proposed
impacts.
The Applicant will make payment to the NE Cape Fear Umbrella Mitigation Bank, for non -riparian wetland
restoration and stream restoration, at a 2:1 mitigation to impact ratio (see Attachment 2).
6. A temporary impact at H is now being proposed; however, listed impact amounts vary, and the impact is
not shown on the inset. Upon further review, it is actually quite difficult in some instances to see the project
andproject impacts on the insets. Additionally, the applicant's agents are well aware that it has been a long-
standing requirement that project drawings be submitted to the Corps in 11x17" format. Please insure
impact amounts are consistent throughout the submittal, show the temporary impact at H on the inset,
provide the correctly sized drawings, adjust the overall map so that the drawing and the legend match, and
either turn off data layers that aren't useful to the review and that also make the inset drawings too busy or
darken the limits of the project at each crossing so that they are clearly discernible from other data layers.
Impact Area H will require 170 SF (0.004 AC) of temporary wetland impact. The drawings have been revised
to better demonstrate the proposed impacts, at this location and throughout the set. The drawings have been
converted to 11" x 17" (see Attachment 3).
7. A perennial stream exists at Impact 1, not an open water (ditch). Please correct in all appropriate
locations within the submittal. Please show the stream on the drawings for this impact.
After additional surveying, it has been determined that only 4.25 LF, of stream impact, is necessary to facilitate
the installation of the road, at Impact Area A. The plans have been revised to reflect this development (see
Attachment 3). The following table lists the only proposed stream crossing:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all
stream sites impacted.
3a.
3b.
3c.
3d.
3e.
317.
3g.
Stream impact
Type of
Stream name
Perennial (PER) or
Type of
Average stream
Impact length
number Permanent
impact
intermittent (INT)?
jurisdiction
Width (feet)
(linear feet)
(P) or Temporary
A
Culvert
UT to Harrison Ck.
PER
Corps
7'
4.25 LF
3h. Total stream and tributary impacts
4.25 LF
3i. Comments: Work will be performed during dry periods and not within 48 hours of a rain event that produces or is anticipated
to produce more than 1" of rainfall within a 24-hour period.
8. In response to item 5 of the Corps' comments (see below) concerning the depth at which culverts were
planned to be buried, the applicant stated that the culverts would be set at existing grade and that these
changes were reflected in the newlyprovided cross-section drawings; however, the drawings lack the detail
needed for the Corps' review. Please update the DDT drawings originally submitted with the application to
reflect the needed changes, as they are adequate for review.
The drawings have been updated to adequately depict the proposed installation of the culverts (see Attachment
3). Only the triple culverts, at Impact Area A and where the only stream crossing is located, will be buried.
The remaining culverts will be set at existing grade.
9. Tributary 3 is not accurately depicted on the overall impact map. See the approved delineation map
created by SEGi. Additionally, the entire length of the tributary from the point of impact located south of
Saratoga Way on Lot 24 north to its terminus at the existing culvert and soil road on Lot 37 needs to be
included in the total impact amount.
Tributary 3 was field located and surveyed, by a professional land surveyor. Therefore, it is accurately depicted
on the attached plans, while the approved delineation map was a sketch. It is important to note that the section
of the ditch that is to remain is not being used to treat stormwater, but merely to convey it. It will not be
vegetated, and maintenance will not be required, in the future. Therefore, the area should not be considered an
3

Saratoga (Britton Tract) Response to USACE RFAI #2 Dated 4/29/19 15F Cii
impact. Total permanent wetland and ditch impacts equal 0.491 -acre. Total temporary wetland impacts equal
0.004 -acre. Cumulatively, permanent and temporary impacts total 0.495 -acre. The following tables reflect the
proposed permanent and temporary impacts to wetlands and RPW/Ditches:
Wetland Impact Table:
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this cuestion for each wetland area impacted.
2a. Site
Name
2a.1 Reason
2b. Impact
type
2c. Type of W.
2d. W. Name
2e. Forested
2f. Type of
jurisdiction
2g. Impact Area
AC
Al
Road Crossing
Perm
Pocosin
1
No
Corps
0.00548
A2
Road Crossing
Perm
Pocosin
1
No
Corps
0.00494
C
Road Crossing
Perm
Pocosin
5
Yes
Corps
0.059
D
Road Crossing
Perm
Pocosin
2
Yes
Corps
0.034
E
Road Crossing
Perm
Pocosin
2
Yes
Corps
0.055
F
Road Crossing
Perm
Pocosin
3
Yes
Corps
0.181
G
Road Crossing
Perm
Pocosin
4
Yes
Corps
0.088
H1
Road Crossing
Perm
Swamp Forest
2
Yes
Corps
0.014
H2
Road Crossing
Perm
Swamp Forest
6
No
Corps
0.013
H1(T)
Utility
Temp
Swamp Forest
6
No
Corps
0.004
I
Road Crossing
Perm
Pocosin
1
Yes
Corps
0.018
Total Perm
0.472
Total Temp
0.004
Total Impacts
0.476
RPW/ Ditch Impact Table:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S.
then individually
list all open water impacts below.
4a. Open water impact number Permanent
4b. Name of water body(if
4c. Type of impact
4d. Water body type
4e. Area of impact
(P) or Temporary (T)
applicable)
(acres)
RPW/Ditch #1
NA
Fill/Culvert
Ditch
0.01
RPW/Ditch #2
NA
Fill/Culvert
Ditch
0.009
4f. Total open water impacts
0.019
4g. Comments:
Please provide the entire application package at your earliest convenience and feel free to contact me with
any questions.
See response to #2.
It is my hope that the information found within and attached to this correspondence is sufficient to satisfy the
USACE's request for additional information and the application will be considered complete. However, should
you have questions or concerns, I would implore you to call me directly, at 910.228.1841. The Applicant and
SEGi look forward to hearing from you.
Sincerely,
Dana A. Lutheran
SEGi Regulatory Specialist
al

Saratoga (Britton Tract) Response to USACE RFAI #2 Dated 4/29/19 .15F Cli
Attachments: 1. Revised Deed Notification
2. NECFUMB Credit Reservation Letter
3. Saratoga (Britton Tract) Site Plans
4. Saratoga Pender, LLC Property Deed
cc: Mr. Robert Jackson — riackson.nckgmail.com
Mr. Robb Mairs — robb.mairsgncdenr.gov
Ms. Sheri Montalvo — sheri.montalvokncdenr.gov
5

Saratoga (Britton Tract) Response to USACE RFAI #2 Dated 4/29/19 .15F Cli
Attachment 1
Deed Notification

COMPLIANCE WITH WETLAND & BUFFER REGULATIONS
The following DEED NOTIFICATION shall be recorded in the Pender County Registry, prior to the
conveyance of the property, referred to as Lots 1-52, on the attached plan entitled "Saratoga (Britton Tract)
Wetland Impact Mai) 7 May 2019 11 x 17" , prepared by Paramount Engineering and dated 4/30/19
"A portion of this lot, as determined by the Wilmington District US Army Corps of Engineers (USACE) under Action
ID# SAW -2018-00195 , contains waters of the U.S., including wetlands, which are subject to the permit requirements
of Section 404 of the Clean Water Act (33 USC 1344). Access to available uplands, through wetlands on these lots,
is limited to slatted, wooden, pile supported bridges, which are elevated at least 3' above the wetland substrate,
or other means that do not require placing fill (i.e. rock, mulch, logs, dirt, etc.) within the wetlands. Any placement
of dredged or fill material within these waters, without Department of Army authorization, may constitute a violation
of Section 301 of the Clean Water Act (33 USC 1311). Prior to undertaking any work within the iurisdictional
areas, contact the U. S. Army Corps of Engineers, Wilmington District Regulatory Division, Wilmington, North
Carolina. This covenant is to run with the land and shall be binding on all Parties and all persons claiming under them."
Signature
Owner's Name:
Address:
City, State, Zip Code:
Phone Number:
STATE of North Carolina
County
I, , a Notary Public of the State of North Carolina, Pender County, hereby certify
that owner personally appeared before me this day and executed by above certification.
Witness my hand notorial seal, this day of , 20.
Notary Public
My commission expires:

Saratoga (Britton Tract) Response to USACE RFAI #2 Dated 4/29/19 9F Cii
Attachment 2
NE Cape Fear UMB Credit Reservation Letter

NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK
Agent: Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Credit Reservation Letter
April 25, 2019
SEGi
Attn. Dana Lutheran
5315 South College Road
Wilmington, NC 28412
Project: Saratoga Subdivision (Britton Tract) — Pender County, NC
Dear Dana:
The Northeast Cape Fear Umbrella Mitigation Bank (Bank) is providing preliminary acceptance to supply
mitigation credits for proposed impacts to stream and wetlands associated with the Saratoga Subdivision
Project located in Pender County, NC (conditional upon receipt of payment as outlined below). Please refer
to the table below depicting the type and quantity of credits requested and reserved for your project.
Mitigation Type
Credit Source
Credits Reserved
Fee Per Unit
Fee
Stream
Jeat
20.0
$507.32
$10,146.40
Non- Riparian Wetland
Holly Shelter Bay
0.9
$60,187.45
$54,168.71
Riparian Wetland
Jeat
0.1
$60,187.45
$6,018.75
Total
$70,333.86
Based upon receipt of your credit request transmitted on April 25, 2019, the Bank will reserve 20 stream
credit, 0.1 riparian wetland credits, and 0.9 non -riparian wetland credits for a period of up to 90 days from
the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please
contact us if you need a reservation to extend beyond the 90 -day period.
Upon request for credit transfer, the Bank will issue an invoice in the amount of $70,333.86. Upon receipt
of payment, the Bank will provide an executed Transfer of Credit Certificate for the total amount of credits
invoiced and paid for. If you have any questions or need additional information, please contact me by
phone at [phone] or by email at [e-mail].
Sincerely,
Northeast Cape Fear Umbrella Mitigation Bank
Christian Preziosi
Land Management Group (agent)
Northeast Cape Fear Umbrella Mitigation Bank
c/o Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403

Saratoga (Britton Tract) Response to USACE RFAI #2 Dated 4/29/19 9F Cji
Attachment 3
Saratoga (Britton Tract) Wetland Impact Maps

53 ��
)0 \
at at
3/049 �j I
ooa8 C1
ISOLATED NOJD 1
ISANO3263-98-9174-0000 itSTRE)IM
US CHRISTOPHER JUSTIN IMPACTDeed Book/Page 4629/0115 1Plat Book/Page 0145/0047151 50Zoning: RA
IMPrACT S11 0425 LF}
III
3273-07-2677-0000
BROWN LYLE M at al
Deed Book/Page 4625/0751
Plat Book/Page 0145/0047 /
Zoning: RA )
REMAINING LAND OF
3273-49-3199-0000
BRITTON WOODLANDS LLC
Deed Book/Page 3561/240
Plat Book/Page 0022/0060
Zoning: RA
EXCEEDS 10 ACRES
I I I
I (Community I I
Septic
I S
5
IMPACT 150 LF (450 SF)
SITE DATA:
20,571 SF (0.472) AC.
SITE ACREAGE
i
= 150.5 AC. +/-
TOTAL RPW/DITCH IMPACTS
= 270 LF (840 SF)
IMPACT 1
150 LF (450 SF)
' IMPACT 2
130 LF (390 SFJ
1
TRIBUTARY 3 \ /
RPW (DITCH) L
7 >.
�
` IMPACT 130 LF (390 SF) ?3'
EXISTINGI Sin le F�amtl Subdivision , \ A
TRIBUTARY 2 1
49 Iv LJ I
EXIS ING V+�464 TO RENIOVEI O I O I
III UTILITY AND ACCESS /
EASEMENT
ISOLATED NON j 3
TO BE IMPACTED
—®— XIS_'I'II11G — — —�
TRIBUTARY 1
O 1If
1 II 9� 10 11 12 13 I
ISOLATED NON JD 4
1 I I I
III I I I
3273-06-7358-0000
AVENDALE DEVELOPMENT LLC
/ I Deed Book/Page 2994/157
Plat Book/Page 0078/0059
II Zoning: PD
I
3273-16-7803-0000
AVENDALE PHASE 4A HOA INC
Deed Book/Page 4624/1629
Plat Book/Page 0059/0078
Zoning: PD
EXISTING STREAM #1
(HARRISONS CREEK)
JNNAMED
STREAM 4
F-- EXISTING 60"
_ I CULVERT
\ STREAM
3273-49-3199-0000
BRITTON WOODLANDS LLC
Deed Book/Page 3561/240
Plat Book/Page 0022/0060
Zoning: RA
EXCEEDS 10 ACREP
Wetland Impact Map - EX -1
Saratoga
Pender County, North Carolina
Date: 04.30.2019
TOTAL WETLAND IMPACTS =
20,571 SF (0.472) AC.
IMPACT Al =
239 SF (0.00548 AC.)
IMPACT A2 =
215 SF (0.00494 ACJ
IMP CTC =
2571 SF (0.059 AC.)
IMPACT D =
1467 SF (0.034 ACJ
IMPACT E =
2387 LF (0.055 ACJ
IMPACT F =
7886 SF(0.181 ACJ
IMPACT G =
3821 SF (0.088 ACJ
IMPACT Hi =
612 SF (0.014 ACJ
IMPACT H2 =
577 SF(0.013 AC.)
IMPACTI =
796SF(0.018AC.)
TOTAL ISOLATED WETLAND IMPACTS =
0.024 AC.
IMPACT JD -3 =
0.024 AC.
TEMPORARY WETLAND IMPACT(WATERMAIN)=
170 SF (0.004 ACJ
STREAM IMPACT
4.25 LF
LEGEND:
Jurisdictional Wetland Impacts
Stream Impact
RPW
STREAM
ISOLATED WETLANDS
PARAMOUNTE
122 Cinema Drive
Wilmington, North Carolina 28403
[phone] (0) [phone] (6)
NC License #: C-2846
Project #: 17180.PE
Scale: 1" = 150' at 22" x 34"
/N 1 "= 300' at 11" x 17"
�=7
0' 75' 150' 300'
North

IMPACT0 ,
130 LF 3� SF) /Al
EXISTING
EXISTING \ / E i
50
IMPACT A TRIBUTARY 2 y /
- -
A 49/
EX. (1) 32 LF CULVERT 42
— O BE REMOVED) s / EXISTING D
PROPOSED (3) 42"- O / TRIBUTARY 3 34 /
Road'A' 2 LF CULVERT / s
_w w_ \ ` 24VV
IMPACT 2 4.25 L STREAM
- -IMPACT (IMPACT S1)�
3 EXISTING
TRIBUTARY 1
IMPACT A IMPACT C
SCALE 1"=40'(22"X34") SCALE 1"=40'(22"X34") IMPACT D & E
1"=80' (11"x17") 1"=80' (11"x17") SCALE 1"=40'(22"X34")
/ ` 1..=80' (11"x17") 26
h
27 IV
60"
TEMPORARYIM ACT CULVERT
FOR WATERMAIN 25
CONSTRUCTION
/ r 170 SF H MP CT H1
F _
3 I �� Road B EXISTING
UNNAMED
w STREAM #4
33w—
/ Y G
/ 28 3T IMPACT H2
/ 19IMPACT F
IMPACT G / \ \ lih
SCALE 1 -40 (22 X34) SCALE 1"=40'(22"X34")
1"=80' (11"x17") 1"=80' (11"x17") IMPACT H
SCALE 1"=40'(22"X34")
V=80'(11%17") PROPERTY
BOUNDARY
Future Forcemain to
Community Septic
I I I Drain Field (Typ.)
O
1 20' T
S
1
7 7
i PARAMOUNTE
L 1 I 122 Cinema Drive
I LL I
I Wilmington, North Carolina 28403
'--�Jtility and Access [phone] (o) [phone] (F)
NC cense #: C-2846
Easement (Typ.) I
WetlandImpact Map - EX-2 Li
Project#: 17180.PE
48 Scale: 1" = 40' at 22" x 34"
Saratoga 1 "=80'at 11 " x 17"
I I
I Pender County, North Carolina
IMPACT I
SCALE 1"=40'(22"X34") Date: 04.30.2019 North 0' 20' 40' so'
1"=80' 11"x17"

EX. CULVERT
��-38
DITCH TO
STAY ., // �2`� - - - 37
i - S IMPACT #1
150 LF (450 SF)
— — — Road 'C'
41
25
42 / \ �. /IMPACT #
DITCH TO \ \ �O / / 130 LF (390 SF)
/ STAY
/ - 24
/ 23
� DITCH TO
STAY
/K
RPW #1 AND #2 -
SCALE 1"=40'(22"X34") �� h
1"=80'(11'X17") \�`T
Wetland Impact Map - EX -3
Saratoga
Pender County, North Carolina
Date: 04.30.2019
PARAMOUNTE
c N 1 N 122 Cinema Drive
Wilmington, North Carolina 28403
[phone] (0) [phone] (F)
NC License #: C-2846
Project #: 17180.PE
Scale: 1" = 40' at 22" x 34"
1"=80'at11'x17"
IN �=7
o 20' 40' 80'
North

WETLAND
_ IMPACT AREA
PROPOSED
RIP RAP
PROPOSED
ENDWALL W/
WINGWALLS
W w W
Z Z Z
J J J
~ O
z
J J
H
I�
A2I�MPACT
A .{]
' I
I ]
I ]
I I
I I WETLAND
IMPACT AREA
SLOPES 3:1
PROPOSED
SWALE
ROAD 'A' 3 ROAD 'A'
50' PUBLIC RIGHT-OF-WAY - i i - 50' PUBLIC RIGHT-OF-WAY
1/4" PER FT 1/4" PER FT
a
� a
J � �
Q Q J
LI ui1
]A1 IMPACT]
AREA
I ]
I ]
� -1 TjF I PROPOSED
W�� GRADE, TYP.
O PROPOSED I EX. GRADE, TYP. -J
ED
WATER MAIN L PROPOSED (3) 42"- 42 LF CULVERTS HEADWALLS
W/
(BURIED AT 20% = 8.4" BURIED) WINGWALLS
TYPICAL COLLECTOR STREET ROAD A
W ETLAN D I M PACTS Al & A2
CROSS SECTION
NOT TO SCALE
Lu
Z
J
ROAD 'A'
50' PUBLIC RIGHT-OF-WAY
I 1/4" PER FT 1/4" PER FT
w
Z
J
U
Q
d
og
QJ
J
I
I
I
0Tj
DOWN wF
N
O PROPOSED EX. GRADE, TYP.
WATER MAIN
TYPICAL COLLECTOR STREET ROAD A
IMPACT C
CROSS SECTION
NOT TO SCALE
U
STREAM d
IMPACT AREA 2
W
W'
H
S1 IMPACT _
AREA
PROPOSED
RIP RAP
PROPOSED
ENDWALL W/
WINGWALLS
I WETLAND
_
IMPACT AREA
1/4" PER FT 1/4" PER FT
PARAMOU-NTE
W E iV G i
Z
122 Cinema Drive
Wilmington, North Carolina 28403
[phone] (0) [phone] (F)
NC License #: C-2846
Wetland Impact - EX -4
Wetland Impact Cross Sections
Saratoga
PROPOSED Pender, North Carolina
GRADE, TYP. Date: 04.30.2019
O PROPOSED I EX. GRADE, TYP. J
PROPOSED
WATER MAIN L PROPOSED (3) 42"- 42 LF CULVERTS HEADWALLS W/
(BURIED AT 20% = 8.4" BURIED) WINGWALLS
TYPICAL COLLECTOR STREET ROAD A
STREAM IMPACT S1
CROSS SECTION
NOT TO SCALE
w w
z z
J J
ROAD 'A'
50' PUBLIC RIGHT-OF-WAY
OO�� I
I _
OPROPOSED
WATER MAIN � EX. GRADE, TYP.
PROPOSED-7PROPOSED
RIP RAP PROPOSED CULVERTS HEADWALLS W/
TYPICAL COLLECTOR STREET ROAD A WINGWALLS
PROPOSED
ENDWALL W/ IMPACT D
WINGWALLS r+on00 QC!'TI(>AI
NOT TO SCALE

I WETLAND
-� IMPACT AREA
EX. GRADE,
TYP.--
PROPOSED
RIP RAP i
PROPOSED
ENDWALL W/
WINGWALLS
ROAD 'A'
50' PUBLIC RIGHT-OF-WAY
1/4" PER FT 1/4" PER FT
PARAMOU-NTE
Lu
z
z z
ROAD 'A'
50' PUBLIC RIGHT-OF-WAY
I=- iV G 1 N E [=- F2 1 1`13 C3 i rA C2
122 Cinema Drive p I 2
Wilmington, North Carolina 28403
[phone] (0) [phone] (1�
NC License #: C-2846
U
a
I I WETLAND
IMPACT AREA Q
U
Q
Wetland Impact - EX -5
�I
�I
o��
ZIJ
Q
o
z
�
J Wetland Impact Cross Sections
I
' I
JI
Lu
I I Saratoga
I
34 I
I
1
FT 1/4"
I
I Pender, North Carolina
T/F
I
1/4" PER PER FT 34 T/F
1
Date: 04.30.2019
-- PROPOSED
O PROPOSED HEADWALL W/
WATER MAIN WINGWALLS
PROPOSED CULVERTS
TYPICAL COLLECTOR STREET ROAD A
IMPACT E&F
CROSS SECTION
NOT TO SCALE
w w
z z
J J
ROAD B
50' PUBLIC RIGHT-OF-WAY
TYPICAL COLLECTOR STREET ROAD B
I11%ADAr-r U
CROSS SECTION
NOT TO SCALE
PROPOSED
RIP RAP
PROPOSED
ENDWALL W/
WINGWALLS
I
)PROPOSED
WATER MAIN
PROPOSED CULVERT
TYPICAL COLLECTOR STREET ROAD A
IMPACT G
CROSS SECTION
EX. GRADE, TYP.
PROPOSED
HEADWALLS W/
WINGWALLS
NOT TO SCALE
WETLAND
a a
-� IMPACT AREA
O
<
z
Lu
3
z
F
��
J z<LuJ
ui �I
wl H2 IMPACT
AREA
w.
w
I �I
w
I
Q
1
I
II
I
I
1/4" PER FT
I
111
1/4" PER FT I
II
3'
�Ow
Q°
H1 IMPACT
-----------------
-
AREA
EX. GRADE,
O PROPOSED
TYP.
WATER MAIN
EX. GRADE, FUTURE FORCEMAIN
Z
TYPICAL COLLECTOR STREET ROAD B
I11%ADAr-r U
CROSS SECTION
NOT TO SCALE
PROPOSED
RIP RAP
PROPOSED
ENDWALL W/
WINGWALLS
I
)PROPOSED
WATER MAIN
PROPOSED CULVERT
TYPICAL COLLECTOR STREET ROAD A
IMPACT G
CROSS SECTION
EX. GRADE, TYP.
PROPOSED
HEADWALLS W/
WINGWALLS
NOT TO SCALE
a a
Lu
3
20' UTILITY EASEMENT
WETLAND 1 z I
0
IMPACT AREA 1 � I
w
I
Q
I
w
I I
-----------------
-
�"I
PROPOSED CROSS PIPE
EX. GRADE, FUTURE FORCEMAIN
Z
TYP. TO COMMUNITY
SEPTIC DRAIN FIELD
c~�J
W
Q
TYPICAL IMPACT I
Z
CROSS SECTION
NOT TO SCALE
W

Saratoga (Britton Tract) Response to USACE RFAI #2 Dated 4/29/19 15F C -3i
Attachment 4
Saratoga Pender, LLC Deed

Return to:
/ Jerry A. Mannen, Jr.
JYow, Fox &Mannen, L.L.P.
��// 102 N. Fifth Avenue
Wilmington, NC 28401
-_..iii iiiiiiiiiiiiniiiiiiiiii�nnu
Doc No: 20039199
Recorded: 07119/2018 11:55:43 AM
Fee Amt: $28.00 Page 1 of 7
Excise Tax: $1.355.00
Pender County North Carolina
Sharon Lear Willoughby, Register of Deeds
BK 4669 PG 168 -174 (7)
Cross-reference:
Map Book 61, Page
129, Pender County,
NC Register of Deeds
150.49 +/- acres off Hwy 210
Part of: 3274-22-7853-0000..
STAMPS: $ 1 ,355_Cln
This instrument was prepared by: Schreeder, Wheeler &Flint, LLP
SPECIAL WARRANTY DEED
(Pender County, North Carolina)
THIS SPECIAL WARRANTY DEED made and entered into this the 17th day of July,
2018, by and between BRITTON WOODLANDS, LLC, a Delaware limited liability company,
with a mailing address of 115 Perimeter Center Place, Suite 940, Atlanta, GA 30346, as party of
the first part (hereinafter referred to as "Grantor"), and SARATOGA PENDER, LLC, a North
Carolina limited liability company, with a mailing address of 107 Stokley Drive, Wilmington,
North Carolina 28403, as party of the second part (hereinafter collectively referred to as
"Grantee");
WITNESSETH
THAT said Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable considerations to it paid by Grantee, the receipt of which is
hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain,
sell and convey unto Grantee, and their heirs and assigns, that certain tract or parcel of land, situate,
lying and being in Pender County, North Carolina, and being further described on Exhibit "A"
attached hereto and by this reference incorporated herein (hereinafter referred to as the
"Property").

Bk 4669
Pg 169
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and
appurtenances thereunto belonging to them, the Grantee, and their successors and assigns, in fee
simple forever.
And Grantor covenants that it will warrant and defend the title against the lawful claims of
all persons claiming by, through or under it, but not otherwise and not as to the title exceptions set
forth on Exhibit "B" attached hereto and by this reference incorporated herein. Notwithstanding
the foregoing, the mineral, oil and gas rights of Grantor (if any) are conveyed by quitclaim without
any warranty of title.
Use of the Property is hereby restricted as follows:
a. No mobile homes or non -permanent structures shall be located on the Property without
Grantor's prior written consent. Notwithstanding the foregoing, nothing contained herein shall
prohibit Grantee from developing the Property into a residential subdivision.
b. Any and all construction and further subdividing of the Property shall comply with the
?ender County Unified Development Ordinance or the governing agency or municipality upon the
occurrence of a change in the same. In addition, any development of the Property shall be subject
to the following additional requirements: (i) no fences on the front of any developed property shall
be chain link, and any wood fence must be professionally built and maintained in good condition
or appearance, or otherwise must be removed by the owner; (ii) all homes must contain a minimum
A fifteen hundred (1,500) square feet of living area, and (iii) no signage exceeding two (2) feet by
two (2) feet may be placed anywhere within the 25 foot buffer zone as describe in paragraph (c)
below; provided; however, one (1) permanent entrance monument shall be allowed to identify a
subdivision and North Carolina Department of Transportation ("NCDOT") approved road signs
shall be allowed.. Notwithstanding the foregoing, nothing contained herein shall allow fences in
contravention of any later recorded covenants, conditions or restrictions affecting the Property
which may prohibit or regulate the location of fences; and
c. Grantor and Grantee agree that a 25 -foot width buffer shall run the entire length along
both sides of the side and rear property lines %J the Property (each a "Buffer Zone") and the Buffer
Zone shall be shown on the Survey. Each Buffer Zone shall be left in a natural growth state,
wherein no cutting of trees or removal of any vegetation shall occur in perpetuity, except if (i) an
adjoining property owner allows or grants a modification, (ii) an improved road connection or
utility easement is or may be located, (iii) the maintenance of a watercourse, creek, or stream, or
(iv) where a dead tree or similar circumstance requires tree or vegetation removal for safety
purposes. Notwithstanding the foregoing, (i) the Buffer Zone shall not apply to the front of any lot
fronting on a paved road built to NCDOT specifications where all other Pender County
requirements for subdividing land have been met; and, (ii) nothing herein shall prohibit Purchaser
or its successors or assigns from performing minor or aesthetic maintenance items to the Buffer
Zone such as litter removal, weeding, thinning, light mowing, and the removal of diseased, dead,
dying or invasive vegetative material.
In addition, Grantor hereby reserves a perpetual, non-exclusive easement (the "Reserved
Easement") for vehicular and pedestrian ingress and egress over and across the existing internal
roads on the Property, in the locations approximately shown as "Existing Roads" on the plat

Bk 4669
pg 170
attached hereto as Exhibit "A4" (the "Existing Roads"). The Reserved Easement shall be located
where actually constructed as shown on the Grantee's final subdivision plat provided, however,
the Reserved Easement is substantially as identified or otherwise approved by Grantor and
Grantee, and shall include, without limitation, the right for Grantor and its agents, contractors and
assigns to use the Reserved Easement for the purpose of allowing logging trucks and similar
construction machinery to transport timber from Grantor's Remaining Property (as defined
herein), and it shall run with the land and be a burden to the Property and benefit to all of the
property currently owned by Grantor that is adjacent to the Property (the "Grantor's Remaining
Property") regardless of whether Grantor later conveys all or any portion of the Grantor's
Remaining Property. Grantee shall have the right, in its sole and absolute discretion, to modify or
relocate the Reserved Easement as part of its development of the Property, provided such
modification (i) provides direct vehicular access to Grantor's Remaining Property at the location(s)
where the Existing Roads currently meet the boundary(ies) between the Property and Grantor's
Remaining Property, and (ii) does not materially restrict or prevent Grantor's intended use of the
Reserved Easement. Notwithstanding the foregoing, Grantor covenants and agrees that (v) use of
the Reserved Easement for logging purposes or operations shall be prohibited for a period not
exceed a total of 120 days upon written notice from Grantee to Grantor, subject to the provisions
below (the "Logging Blackout Period"); (w) the Logging Blackout Period shall commence within
three (3) years after the Closing Date and no sooner than thirty (30) days from receipt of written
notice from Grantee to Grantor of the commencement of Grantee's earthwork for road
improvements and construction; (x) any use of the Reserved Easement for timber harvesting
purposes or operations outside of the Logging Blackout Period must be preceded by a one (1)
month written notice to Grantee; (y) the Reserved Easement shall not be used as a staging area and
will not be used to store equipment, trucks, materials or supplies; and (z) Grantor's use of the
Reserved Easement shall not unreasonably obstruct or interfere with the free flow of pedestrian
and vehicular traffic over the Reserved Easement.
Grantor shall have the right with the prior written consent of Grantee, which consent shall not be
unreasonably withheld or delayed, to improve, repair and maintain the Reserved Easement. Any
damage done to the Reserved Easement or any part thereof caused by Grantor or its agents,
contractors, customers, suppliers, employees or lessees prior to dedication of the Reserved
Easement shall be repaired at Grantor's own cost and expense and such repairs shall restore the
damaged area(s) to as good of condition as existed prior to such damage. If Grantor fails repair
any such damage to the Reserved Easement caused by Grantor, then Grantee, following not less
than five (5) days' written notice, shall have the right, but not the duty, to undertake such repairs
at its sole cost and expense. In this event, Grantee shall have the right to seek contribution from
Grantee for the cost of the repairs or replacement.
[SIGNATURES CONTAINED ON THE FOLLOWING PAGE]

IN TESTIMONY WHEREOF, Grantor has caused this instrument to be signed in its
entity name by its duly authorized representative the day and year first above written.
GRANTOR:
BRITTON WOODLANDS, LLC
a Delaware limited liability company
By: Timberland Investment Resources, LLC
a Georgia limited liability company
Its: Manager
By: � a. �w:Ci�.•
Name: Christopher Mathis
Its: Authorized Representative
STATE OF GEORGIA
COUNTY OF DEKALB
1k 4669
pg 171
Personally came before me Christopher Mathis, who, being by me duly sworn, says that he
is the Authorized Representative of Timberland Investment Resources, LLC, a Georgia limited
liability company which is the Manager of Britton Woodlands, LLC, a Delaware limited liability
company, and said that the foregoing instrument was signed and sealed by him on behalf of the
party of the first part by authority duly given, and the said Authorized Representative
acknowledged the said writing to be the act and deed of said the party of the first part.
WITNESS my hand and official stamp or seal, this the 1 ft!:P�H
NOTARY PUBLIC
My Commission expires
[NOTARY SEAL]
day of July, 2018.
The subject property ❑ includes � does not include the primary residence of a Grantor.

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EXHIBIT "A"
Legal Description
BEING ALL of that 150.49 +/- acre tract of land as shown on a map entitled "Map of
Division for Britton Woodlands, Part of 327349-3199, DB 3561, PG 240" prepared by
Christopher J. Gagne, Paramount Engineering, Inc. on July 16, 2018, said map having
been recorded in Map Book 62 at Page 107 of the Pender County Registry, reference to
which is hereby made for a more particular description.

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EXHIBIT "A-1"
Reserved Easement

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Exhibit `B"
Pernutted Exceptions
1. All taxes for the year 2018 and subsequent years, which are liens not yet due and payable,
and any additional taxes, interest and/or penalties for the current year or any prior years as
a result of any re -assessment, re -appraisal or re -billing of taxes.
2. Riparian rights incident to the premises.
3. Rights of the public to use for vehicular and pedestrian access that portion of the property
within the boundaries of any public road or highway.
4. Matters which would be disclosed by an accurate survey and inspection of the subject
premises.
5. All matters reflected in the public records of Pender County, North Carolina.
6. Hunting licenses that may be terminated on thirty (30) days' notice.
7. Any "rollback" or additional taxes, penalties or interest imposed on the Property for any
year and the current year's real property taxes, assessments and other charges of any kind
or nature imposed upon or levied against or on account of the Property by any
governmental authority, which taxes, assessments and other charges are not yet due and
payable but are liens on the Property.
8. All matters appearing as title exceptions on any title insurance commitment or policy
obtained by Grantee.