20031364 Ver 1_COMPLETE FILE_20070831

O?O? W AT ?RQG
J
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Colecn 11. Sullins, Deputy Director
Division of Water Quality
December 23, 2003
CERTIFIED MAIL: 7002 0860 0007 9268 9613
RETURN RECEIPT REQUESTED
Major James Knox
PO Box 1509
Leland, NC 28451
SUBJECT:
Dear Major Knox:
WETLANDS 1401 GROUP
JAN 0 5 2004
WATER QUALITY SECTION
PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
Old Blue Banks Road
DWQ Project # 031364
Brunswick County
This Office has reviewed your Pre Construction Notification application and is placing your
project on hold until we receive the following additional information:
1. Please demonstrate that there will not be cumulative impacts as a result of the proposed road
extension by providing a Jurisdictional Determination of tract of land to be accessed;
2. Please demonstrate that no other impervious surface will be constructed in association with the
road access. Stormwater measures can be required as a requirement of the 401 WQ
Certification;
3. Please provide a copy of the Jurisdictional Determination map signed by the US Army Corps
of Engineers;
Please respond within three weeks of the date of this letter by sending a copy of the information to
Noelle Lutheran and to Cyndi Karoly, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-226,
her phone number is [phone]. If we do not hear from you within three weeks, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn. If you have any
questions, please feel free to call me at [phone].
Sincerely,
fet6 a
Noelle Lutheran
Environmental Specialist III
cc: Cyndi Karoly -Wetlands Group
Tom Farrell - Corps of Engineers Wilmington
Noelle Lutheran - WiRO
Shane Lippard - Right Angle Engineering
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]
'?
i+iC:U?N:-t
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Noelle Lutheran
WQ Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Old Blue Banks Road Extension
Project Number 03 1364
Recvd From APP
Received Date 1113103 Recvd By Region
Project Type road extension
County Brunswick
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. =n:F ?=liii_t?i
14 forested F_7 O N 118-66-6-2- F_c Sw 30,617. 0.20 F- 60.00
Stream O Y O N F_F_F_F_30,617. [-- 60.00
?OY ON
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? Do Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This project has been placed on hold, 12/22/03 NML
cc: Regional Office
Central Office Page Number 1
Date:
Triage Check List
j/ /v/o 3 Project Name: U 0 ?Vt ?a?? xr
DWQ#: 0' 13C`f
County: ?,tih s un cK
To: ? ARO Mike Parker ?' WaRO Tom Steffens
? FRO Ken Averitte WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Steve Mitchell
''3y7/
From: Larry 6&fa;, Telephone : (919) _//S
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? ' Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
P TANGLE
ENGINEERING, P.C.
212 Princess Street • Wilmington, North Carolina 28401 • Tel. [phone] • Fax [phone] • email: [e-mail]
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650 ;
Re: 401 Water Quality Certification
Old Blue Banks Road Extension
City of Northwest, NC
WETLANDS/ 401 GROUP
NOV 0 3 2003
October 29, 2003
WATER QUALITY SECTION
Please find enclosed, seven copies of the documentation presented to USACE
for the Old Blue Banks Road Extension and a check for the application fee of
$200.
Please let me know if you need additional information.
Sincerely,
da?e
Nancy and
Sr. Environmental Technician
f?

HT
ENGINEERING. P.C.
212 Princess Street • Wilmington, North Carolina 28401 • Tel. [phone] • Fax [phone] • email: [e-mail]

To: Mr. Thomas Farrell
US Army Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
Re: Old Blue Banks Road Extension
City of Northwest, NC
October 29, 2003
Hello Tom:
WETLANDS/ 401 GROUP
NOV 0 3 2003
WATER QUALITY SECTION
Attached is a completed PCN form for Old Blue Banks Road Extension in the
City of Northwest, in Brunswick County, NC.
Proposed mitigation for the 0.2 acres of wetlands impacted is conservation of
3.36 acres at the confluence of Skipper Hill Branch and Coffin Branch. This
acreage includes 2.12 acres of creek, approximately 0.77 acres of adjacent
wetland and 0.49 acres of upland buffer. This conservation area is shown on
Exhibit A; attachment to the enclosed Draft Declaration of Convenants,
Conditions and Restrictions.
Please let us know if you need additional information.
Sincerely,
)1k, "- O."L 0. - ' -
Nancy Ca d W. Shane Lippar , P.E.
Sr. Environmental Technician Project Manager
Office Use Only: Fonn Version May 2002
USACE Action ID No. DWQ No. t
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Che all of the approval(s) requested for this project:
Section 404 Pern- it ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
?461 Water Quality Certification
2. Nationwide, Regional or General Pennit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCVATRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Natne: City of Northwest CIO Major Janes K77ox
Mailing Address: P.O. Box 1509
Leland. NC 28451
Telephone Number: 910-655-3110 Fax Number: 910-655-8853
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Nancy Card /Shane Lihpard
Company Affiliation: Ri htAnale Engineering, P. C.
Mailing Address: 212 Princess Street
Wilnnington, NC 28401
Telephone Number: 910-251-8544 Fax Number: 910-251-2208
E-mail Address: raepcPbellsouth.net
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of proj ect: Old Blue Banks Road Extension
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0090007601 and 0090007801
4. Location
County: Brunswick Nearest Town: Northwest
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Travel northwest fi-ont
Wihzi71gt071 on US 74-76 to Northwest Road (SR 1419). Turn ri-_ht. Follow Northwest Road
uiztil a stop sign. at all intersection with Mt. Aliseg Road (SR 1426); turd right. Cross
railroad tracks, take a left on Vernon Road (SR 1423). As Vernon Road takes a sharp left
turn, stay straight on unpaved Old Blue Banks Road until it ends beneath the new powerline.
5. Site coordinates, if available (UTM or L;WI,ong): 34.3187447 / -78.1431198
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres
7. Nearest body of water (stream/river/sound/ocean/lake): C& in in Branch
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://li2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is cleared, powerline ri Ig ?t-of-way. Surrounding
areas are undeveloped and wooded, or residential/agricultural.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: Installation
of a 16 foot wide road, within an existing, cleared, powerline right-of-way, to provide access
to new business. Pavin?Z equipment includinz a backhoe, trackhoe, dump trucks, compactors
and rollers will be used.
Sediment and erosion control measures ivill be installed prior to construction.
]].Explain the purpose of the proposed work: Road is required to access small manu acturing
acility.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.T.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intemiittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impacts are fill of
wetland mid placement of culvert in Coffin Branch for construction o 16 gravel access road.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
I Fill 0.2 ac yes - Forested (cleared)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:Hwww.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (detemnination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.29 ac
Total area of wetland impact proposed: 0.2 ac
3. Individually list all intennittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif
1 Culvert 60 Coffin Branch 13' Perennial

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Page 8 of 12
www.uses.p-ov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.lop ozone. coin
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 60 LF
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact

acres
(if applicable) Name Wate)
plicabllee) Type of Waterbody
(lake, pond, estuary, sound,

bay, ocean, etc.

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with tliis application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embanlcment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
This site ivas selected because it is a direct route to the manufacturing facility and
is located within an existing powerline right-of-way. Additionally, easement agreements were
obtained for this location. Proposed road width is only 16 feet, to minimize wetland impacts.
Page 9 of 12
VIII. Mitigation
DWQ -Inn accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic enviroiunent are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for thus project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htti3://li2o.enr.state.ne.us/iicwetlaiids/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Proposed nniti ag tion for the 0.2 ac of wetland impacts is permanent conservation o 3.36
acres of land on the manufacturing site to which the proposed road provides access. This
measure will protect approximately 2.12 acres of creek at the confluence of Skipper Hill
Branch and Coffin Branch, approximately 0.77 acres of adjacent wetland and approximately
0.46 acres o adjacent upland buffer, as shown on the attached drawings. A copy o the
nronosed conservation easement is attached.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Prograin (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional infonnation regarding the application process for the
NCWRP, check the NCWRP website at litip://h2o.err.state.nc.us/wr2)/index.litin. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Page 10 of 12
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes L No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Enviromnental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a MEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for envirorunental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA fi al approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No '? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Page 1 I of 12
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Total acreage on site is 1.5. Proposed impervious area: 0.48 acres, gravel road and culvert.
NC Stornnvater permit not required. Drainage patterns hill not change.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of D^W? Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No L'
Is this an after-the-fact permit application?
Yes ? No Er
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these pennits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A

Applicant/Agent's Signature Date
s signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
O 3S 1 ZS£S o i./
(ONV'737)
17
/?i 10, 1 II / \ !/ I • ; ??? SOP i 1, I c `?pJl i ?.? 1'm= `P c''
ul-
i U o? }) ?~ 11' %I ///i I ?. 1 ) I v?. I E O n Qe
?`. r.i Barr ?? ;i? u• i /,I
02
i /•
o CO
•? I , U
0 3
GD
I 214Y f!
i t
, ? ,/ I iy i ?Kl, I L1 ' I I I i 111 i t I ''I 1 i'
/ 1% 1 ' %I, / ? •,?? ' i ' I ' ;IIII I ? 1 1?1' 'I i; ? .? I'; I?I.
'G?E+; o%I,lr/ •f ,'I III .1 ,' j + I I,', 11.411,"' ? -?
/. ... __..-\ \ ? ./ ? l , r•; ; I ` i,l' .1 y II y .y I II ,' I 11j .11 I, 11 II I,' I f.
%`J ???? i _ ` ' + I ' / ?'/''' .I 'yI,• 1 1 ?I'I14 y .1•? isll i i'?
III .,--^,/ ?, 1 I / is •1,1'111 +'?I'I iI'II'f I'I;' ? II' 111 I
d- i I
14 ,' 1 ,I , ; JI i'I 1I I'.I } ? I- ?•i ?f I i .':/! ?I , 'i''I yl.i
It 1 ,? , ?G '\ , / 'I? VIyl1 ?I'I 9 , y,l a 1'1111 '- li'•4 I' I''I'i 4
I I I '/? a 1 /x•111 Iii' yliiJ?'I 'IC'I' I' ?,c'iji h•I'ili '''141
1 1 ,1 1 1? '\ / ,??' ? ? i• S I 1 ?• I y '' I 1 1 ? } ,' " 1 i ,? •I
,`, ;/ / ;?`'-01'I? ',I ,'' •??? 1'•III?I?:alii;4lgl•;I'I"1 I• ;.
1111 ,,
'?' •/ / it S11 II/t 1.1'' ?Ili!Illi II
it
/ ,I ! ' I' ? 111 h ? ? (•?
//I II , I 1 , I. I I I
. m 1? 11 f I', 11'1 l „ I , 4 ? ' I
,\I i .•,/.• It°? .Q / 11,11 1i1? "111 I?il, UI;' ?,11,Gro1 , ?I1lyllll
\? y-- ' /I 11 f;f ?It ,11 f' 'I, 'I it l5 yli UjlI:11I?
? ? 1,% .• ,V ; /; :?I I I I I 11 !I ; '1 I j I i? p •I ,• I' 1 ?I it C r0 ' 1 I , I I V
' I, I 1 I 1
)1111 III ?0 } ,I'.5 iYfl.p ,I?1
?Q? ; ?; Ir /• ?,? i i 1 i ' 11 ?..? :' A 'I ?, I ? ; • I?1 • • I i I y I ' i 1 I ? I I
/'...'?? y. ? il, I \'lQQ i, i? 11 ' ? I ? I L,n ? 'I 1 } I ; ? ? I 'v ) i ? 1 ,I kl y I I 1 11 I ; 1 S ? 0
?CI?
I/ , ' ^ ?_\• ,? \.?'?fs•`. / i,' ?' i '? I i I ' .1 ! I ' ' ' ' U ? ?I ! I ti J t I ? I I, I I 1 ? ?J
/ I I ?: J s?9 ' VQJ y II 'I I 'i' . ' 1 4 ' O ~ y I' I S f!?
CI
i .1 ' 11, / \\ ?? .', 1'111 'I? 1?1' 1 .y }1'11''IIJ.' .'I' I I. I 'I '1 I L 1
' l3n
48' CAP
AZ?Z
1+00- 2+00 3+D0 4+00 5+00 6+00 7+00
?EXISnN
AVEL RD PROPOSED, GRAVEL-ROAD=_
OLD BLUE
BANKS ROAD ' ' - -' -
DB 1382 PG 570 A \ A
DB 888 PG 942 I ?
DB 1389 PG 882 I ' -
I
1
I 1
PLAN
SCALE: 1' = 100'
DB 808 PG 215
9+D0 ,D+DO 11+00 - 12+00
_'--'-PROPOSED 16' GRAVEL ROAD T - -
PB Z PG 246
DB 1048 PG 199
LEGEND
® 404 WETLANDS
PROPOSED GRAVEL ROAD
CONSTRUCTION LIMITS
- EXISTING PROPERTY BOUNDARY
EXISTING TREEUNE
EXISTING OVERHEAD POW'L"RUNE
- - - - - EXISTING FENCE
EXISTING DITCH
EXISTING SOIL ROAD
EXISTING GRAVEL ROAD
5+08.88 6+00 7+00 7+63.80
50
50

-FINISH D G A4
40 40
_ -EXISiING=Gg¢UN
----
F: ---
R

30, I

48' CMP BURIED
V BELOW GRADE
DETAIL A-A
STATIONS: 5+08.88 - 7+63.80
HOR. AND VERT. SCALE: 1' = 20'
30

RUFUS GRAINGER
PB 27 PG 44
DB 2 PG 398
SEE EXHIBIT A
NOTE: BASED ON SURVEY BY
McKIM AND CREED
OLD BLUE BANKS ROAD
DAM
10/
1D/29/D3
EXTENSION

TOWN OF NORTHWEST BRUNSWICK COUNTY, NC T=
NNC
SITE PLAN
WSL

NW0103
RIGHT ANGLE
201 N. FRONT STREET. SLATE Mg
02
1I11NCTOK NC 25401
(DIG 751-8544 to (DID) 251-22M

STATE OF NORTH CAROLINA
BRUNSWICK COUNTY
DG°
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made
on this day of , 2003, by RUFUS GRAINGER, 5494 Port
Royal Road, Riegelwood, NC 28456, ("DECLARANT")
RECITALS
A. DECLARANT is the sole owner in fee simple of the certain Conservation
Property ("CONSERVATION PROPERTY") being approximately 3.36 acres * located
within the City of Northwest, Brunswick County, North Carolina. This CONSERVATION
PROPERTY is more particularly described in Exhibit A attached hereto and by this
reference incorporated herein; and
B. The United States Army Corps of Engineers, Wilmington District (USACE)
has approved the use of the CONSERVATION PROPERTY to mitigate waters and
wetland impacts authorized by Department of the Army Permit Action ID tba
(the "PERMIT") issued to The City of Northwest for construction of a road to access
property held by DECLARANT, on the condition that this CONSERVATION PROPERTY
be subjected to certain restrictions, covenants and conditions intended to ensure
preservation of the CONSERVATION PROPERTY in its natural state.
NOW, THEREFORE, DECLARANT hereby unconditionally and irrevocably declares
that all of the approximately 3.36 acres of CONSERVATION PROPERTY, more fully
described in Exhibit A shall be held and subject to the following restrictions, covenants
and conditions as set out herein, to run with the subject real property and be binding on
all parties that have, or shall have, any right, title or interest in said property.
The purposes of the Conservation Declaration are to provide environmental protection
for surface waters, including wetlands, and to protect wildlife and natural heritage
values.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the CONSERVATION PROPERTY inconsistent with the
purposes of this Conservation Declaration is prohibited. The CONSERVATION
PROPERTY shall be maintained in its natural, scenic, wooded and open condition and
restricted from any development or use that would impair or interfere with the
conservation purposes of this Conservation Declaration set forth above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Industrial, Residential and Commercial Use. Industrial, residential and
commercial activities and any right of passage for such purposes are
prohibited.
B. Agricultural Timber Harvestina Grazinq and Horticultural Use. Agricultural,
timber harvesting, grazing, and animal husbandry operations are prohibited.
C. Disturbance of Natural Features, Plants and Animals. There shall be no
cutting, removal, mowing, harming, burning or destruction of trees, plants or
other vegetation or the disturbance of other natural features except for the
following: [(1) as incidential to boundary marking, fencing, signage,
construction and maintenance of nature trails as approved by USACE; and
(2) selective cutting and prescribed burning or clearing of vegetation and the
application of mutually approved pesticides for fire containment and
protection, disease control, restoration of hydrology, wetlands, enhancement
and/or control of non-native plants.]
D. Construction of Buildings and Sionage. There shall be no construction or
placing of any building, mobile home, asphalt or concrete pavement, billboard
or other advertising display, antenna, utility pole, tower, conduit, line, pier,
landing, dock or any other temporary or permanent structure or facility on or
above the CONSERVATION PROPERTY except for the following: placing
and display of "No Trespassing" signs, local, state or federal traffic or similar
informational signs, "For Sale" or "For Lease" signs, signs identifying the
conservation values of the CONSERVATION PROPERTY, and/or signs
identifying the DECLARANT as owner of the CONSERVATION PROPERTY,
educational and interpretative signs, indentification labels or any other similar
temporary or permanent signs.
E. Mineral Use, Excavation Dredging.. There shall be no filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in
any manner except as necessary for the purpose of combating erosion or
incidental to any conservation management activities otherwise permitted in
this Conservation Declaration.
F. Wetlands and Water Quality. There shall be no pollution or alteration of water
bodies and no activities that would be detrimental to water purity or that would
alter natural water levels, drainage, sedimentation and/or flow in or over the
Conservation Property or into any surface waters, or cause soil degradation
or erosion, nor diking, dredging, alteration, draining, filling or removal of
wetlands, except activities to restore natural hydrology or wetlands
enhancement as permitted by USACE, the State of North Carolina, and any
other appropriate authorities.
G. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, or machinery, or other materials on the
CONSERVATION PROPERTY is prohibited.
H. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt-bikes, all-terrain vehicles, cars and trucks is prohibited.
ARTICLE II. DECLARANT'S RESERVED RIGHTS
A. The DECLARANT expressly reserves for himself, his personal
representatives, heirs, successors or assigns, the right to continue the use of
the property for all purposes not inconsistent with this Conservation
Declaration, including, but not limited to, the right to quiet enjoyment of the
CONSERVATION PROPERTY, the rights of ingress and egress, the right to
hunt, fish, and hike on the CONSERVATION PROPERTY, the right to sell,
transfer, gift or otherwise convey the CONSERVATION PROPERTY, in whole
or in part, provided such sale, transfer or gift conveyance is subject to the
terms of, and shall specifically reference, this Conservation Declaration.
ARTICLE Ill. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure contined compliance with the mitigation
condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by
the United States of America. This covenant is to run with the land and shall
be binding on all parties and all persons claiming under the DECLARANT.
B. USACE, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the CONSERVATION PROPERTY to
determine whether the DECLARANT, DECLARANT's representatives, or
assigns are complying with the terms, conditions and restrictions of this
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle USACE to bring any action against DECLARANT for any injury or
change in the CONSERVATION PROPERTY resulting from causes beyond
the DECLARANT's control, including, without imitation, fire, flood, storm and
earth movement, or from any prudent action taken in good faith by the
DECLARANT under emergency conditions to prevent, abate, or mitigate
significant injury to life, damage or harm to the CONSERVATION
PROPERTY resulting from such causes.
ARTICLE IV. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the
unencumbered right to enter the CONSERVATION PROPERTY for any
purpose whatsoever.
ARTICLE V. DOCUMENTATION AND TITLE
A. CONSERVATION PROPERTY Condition. The DECLARANT represents
and acknowledges that the CONSERVATION PROPERTY is currently
undeveloped land, with no improvements other than any existing utility lines,
fencing, Declarations and rights-of-way.
B. Title. The DECLARANT covenants and represents that the DECLARANT is
the sole owner and is seized of the CONSERVATION PROPERTY in fee
simple and has good right to make the herein Declaration; that there is legal
access to the CONSERVATION PROPERTY, that the CONSERVATION
PROPERTY is free and clear of any and all encumbrances, except
Declarations of record.
ARTICLE VI. MISCELLANEOUS
A. Conservation Purpose. DECLARANT, for itself, its successors and assigns,
agrees that this CONSERVATION PROPERTY shall be held exclusively for
conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Declaration. If any
provision is found to be invalid, the remainder of the provisions of this
Declaration, and the application of such provision to persons or circumstances
other than those as to which it is found to be invalid, shall not be affected
thereby. Notwithstanding the above, the Permit conditions remain in full force
and effect, and are requirements placed on the DECLARANT independent
from this Declaration.
C. Recording. DECLARANT shall record this instrument and any amendment
hereto in timely fashion in the official records of Brunswick County, North
Carolina, and may re-record it at any time as may be required to preserve its
rights.
D. Amendment. The DECLARANT declares that the terms of this Declaration
shall not be amended, modified or terminated without the prior written consent
and written approval of USACE.
E. Environmental Condition of CONSERVATION PROPERTY. The
DECLARANT warrants and represents that to the best of its knowledge after
appropriate inquiry and investigation; (a) the CONSERVATION PROPERTY
described herein is and at all times hereafter will continue to be in full
compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof, there are no hazardous materials,
substances, wastes, or environmentally regulated substances (including,
without limitation, any materials containing asbestos) located on, in or under
the CONSERVATION PROPERTY or used in connection therewith, and that
there is no environmental condition existing on the CONSERVATION
PROPERTY that may prohibit or impede use of the Conservation Property for
the purposes set forth in the Recitals.
F. Obligations of Ownership. DECLARANT is responsible for any real estate
taxes, assessments, fees, or charges levied upon the CONSERVATION
PROPERTY. DECLARANT shall keep the CONSERVATION PROPERTY
free of any liens or other encumbrances for obligations incurred by
DECLARANT.
IN WITNESS WHEREOF, DECLARANT by authority duly given, has hereunto caused
these presents to be executed, as of the dates below, to be effective upon the date of
recordation in the public records of Brunswick County, North Carolina.
DECLARANT: Rufus Grainger
STATE OF
COUNTY OF
1, , a Notary Public in and for said County and
State do hereby certify that RUFUS GRAINGER personally appeared before me this
day and duly acknowledged that he is owner of said CONSERVATION PROPERTY and
duly authorized to serve as DECLARANT of the preceeding instrument.
WITNESS my hand and notarial seal, this day of , 2003.
1525.74'
S 71'14'52'
w
i? rn
Lo
z
0
a? o
N
cD
LEGEND
CONSERVATION
w
RUFUS GRAINGER
PB: 27 @ PG: 44
DB: 2 @ PG: 398
BRUNSWICK COUNTY PIN: 00900077
rn
00
N cD
N .
S??A
o1-
tti ?

?/ //
AREA Z :::. • ///:.
/ / / -
• j/: j/. j/ j/ j/ j /
?j?.j?j?j %
?j
/.//.?/.j/
/::z/:?%i%?/</?/ /
. -..... /.../?//. a?<a
660.26' 445.67' 84.27' 122' bfc
N 71'16'08"W N 71'16'15"W N 71'16'08"W <

7M PONDED AREA
= 92,389.09 SQ FT (2.12 AC)
0 ASSOCIATED WETLANDS
= 33,708.47 SQ FT (0.77 AC)
F?l ADJACENT UPLAND
= 20,258.95 SQ FT (0.46 AC)
TOTAL AREA OF CONSERVATION
= 146,356.51 SQ FT (3.36 AC)
LINE TABLE
LINE BEARING DISTANCE
L1 S09'16'51"W 21.52
L2 S20'25'05"W 27.35
L3 S50'02'34"E 53.60
L4 Sll'07'28'E 32.06
L5 S31'57'46"E 44.33
L6 S15'30'52"E 29.97
L7 S62'50'12"E 30.68
LB 581'27'34"E 33.21
L9 S55'40'13"E 16.44
L10 508'11'35"E 10.76
Lll 531'54'18"W 19.66
L12 S09'53'27"W 26.44
L13 N89-32-56"E 29.12
L14 S83.50'55"E 18.53
L15 S71-21'1 9"E 33.98
Lib S22'22'23"E 19.07
L17 513'13'19"E 21.85
L18 S5915'17"E 10.47
L19 S36'32'25"W 16.23
L20 N82-24'35"W 26.08
po
L21
1 S49'10'2 W 36.40
U2 N82-05'45"W 84.21
L23 N26'18'05"W 24.21
L24 S73'54'15"W 55.27
L25 N76'07'35"W 35.00
L26 S22'59'05"W 42.94
L27 526'43'45"E 27.66
L28 531'46'25"W 33.84
L29 S68'50'45"W 54.71
L30 '04'05"W
? 43.42
L31 N59'48'45"W 25.63
L32 7'39'3W 62.53
L33 S79'09'15"W 56.89
L34 S33'22'25"W 56.61
L35 S47'29'25"W 40.85
L36 N82'09'35"W 68.48
L37 S63'10'25"W 39.20
L33 S25-39'55"W 24.76
L39 N74'21'45"W 43.60
L40 S69'01'45"W 16.52

NOTE: BASED ON SURVEY BY
ARNOLD W. CARSON, PLS PC

RUFUS GRAINGER TRACT an
10/27/03

70YM OF NORTHWEST BRUNSVACK COUNTY, NC '
1' - 200 _
NNC
EXHIBIT A -a-a
PROPOSED
CONSERVATION AREA Nwv1o3
RI HT ANGLE
EN P.G
201 N. FRar SM slri:rr, sme eo9 O 1
WUNGM NC 254M
(910) 251-rs44 FAX [phone]
CITY OF NORTHWEST - GENERAL FUND
NC Division of Water Quality
Date Type Reference
10/27/2003 Bill
y ?
10/27/2003
Original Amt. Balance Due Discount
200.00 200.00
Check Amount
CK. fq0.
DATE
?L _ 0 3
6506
Payment
200.00
200.00
Checking - General Fun Grant (Road Extension) 200.00