20110791 Ver 1_401 Application_20110811

Charles F. Riggs, P.L.S. L-2981
James A. Lewis, P.L.S. L-4562
Kenneth E. Johnson, P.L.S. L-4925
Business License: C-730
August 18, 2011
To: Mr. Ian McMillan
NC DWQ, 401 /Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
CHARLES F. RIGGS & ASSOCIATES, INC.
Land Surveyors
502 NEW BRIDGE STREET
P.O. Box 1570
JACKSONVILLE, NORTH CAROLINA 28541
TELEPHONE: [phone]
FACSIMILE: [phone]
E-MAIL: riagsland(a)bizec.rr.com
201 1 079 1
Wilmington Office:
101 Scotts Hill Loop Road
Wilmington, N.C. 28411
[phone]
Re: 401 WQC for the NWP39 for an After-the-Fact NWP39 for ABJK, LLC property in Onslow County
Dear Mr. McMillan:
The USACE has issued a NWP39 that was verified to be After-the-Fact for permanent impacts to 0.116 acres of non-riparian
wetlands. Enclosed are five copies of the submittal documents to the USACE and the application fee of $240.00 (Two Hundred Forty
Dollars) for the 401 WQC.
If there are any questions or need for additional information, please contact Ken Johnson at [e-mail] or 910-681-7444.
Respectfully,
<Co't' yo"Olv
Ken Johnson, PLS
Cc: -(coverletter only - via email)
Ms. Joanne Steenhuis, NCDENR-DWQ, Wilmington Regional Office
Mr. David Bailey, UAACE, Wilmington Regulatory Field Office
Mr. Jeff Brown, ABJK, LLC
AUG 2 3 201,
11E714jDSEEAND ?ORM?q "
BRANCH
Filename: 110115 DWQ 401 application coverletter.docx Page 1
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-01484 County: Onslow U.S.G.S. Quad: JACKSONVILLE NORTH
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: ABJK, LLC
attn: Jeffrey Brown
Address: 115 Atlas Brown Drive
Jacksonville, NC, ,28540
Agent: Charles F Riggs & Associates, Inc.
attn: Ken Johnson
Address: P.O. Box 1570
Jacksonville NC, 28541-1570
Size and location of property (water body, road name/number, town, etc.): The property is located at 115 Atlas Brown
Drive off of US 258 in Jacksonville Onslow County North Carolina Latitude 34.7659737906, Longitude -77.4858562462
Description of projects area and activity: The project involves permanent impacts to 0.116 acre of non-riparian wetlands for
access and equipment storage for a commercial paving and gradin¢ business.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number
Nationwide Permit Number: NWP 39 Commercial and Institutional Developments.
Remarks: The use of this permit has been verified After-the-Fact.
SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 5/18/2011 (received 5/20/2011) and revised
information dated and received 7/22/2011. Any violation of the attached conditions or deviation from your submitted plans
may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Bailey at 910-251-4469.
Corps Regulatory Official Date: 8/3/2011
Expiration Date of Verification: 03/18/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http//pert nwp usace army mil/survey.litml to complete the survey
online.
Copy Furnished:
NCDENR-DWQ, attn: Joanne Steenhuis, 127 Cardinal Drive Extension, Wilmington, NC 28405
Land Management Group, Inc., atm: Rob Moul, P.O. Box 2522, Wilmington, NC 28402

CHARLES F. RIGGS & ASSOCIATES, INC.
Land Surveyors
Charles F. Riggs, P.L.S. L-2981 502 NEW BRIDGE STREET Wilmington Office:
James A. Lewis, P.L.S. L-4562 P.O. Box 1570 101 Scotts Hill Loop Road
Kenneth E. Joluison, P.L.S. L-4925 JACKSONVILLE, NORTH CAROLINA 28541 Wilmington, N.C. 28411
TELEPHONE: [phone] [phone]
FACSIMILE: [phone] 1
E-MAIL: rig sle and 4bizec.rr.com rl ?/G
1
July 22, 2011
Mr. David Bailey
Regulatory Specialist
US Army Corps of Engineers
CE-SAW-RG-L
69 Darlington Avenue
Wilmington, NC 28403
Re: Wetland Restoration Plan and After-the Fact permit in response to the Regulatory D ivision's
Cease and Desist letter dated March 2, 2011, meeting April 18, 2011 and letter June 22, 2011
Property: 115 Atlas Brown Drive, Jacksonville, Onslow County, North Carolina
Reference: 1. Action ID Number : SAW-2007-01484
2. September 4, 2008 Notification of Unauthorized Activity
Property Owner: Jeffrey Brown, ABJK, LLC
Dear Mr. Bailey,
On behalf of Jeff Brown and ABJK, LLC, Charles F. Riggs & Associates, Inc. in consultation with Land
Management Group is responding to your letter June 22, 2011 concerning the wetland survey map,
restoration plan and after-the-fact Nationwide permit application.
The following are included with this submittal:
1. Pages 1, 2, 6 of the PCN for an After-the-Fact Nationwide 39
2. Draft of Conservation Area language to be recorded as Restrictive Covenants
3. Draft of a recordable Wetland Conservation Map
4. Documentation from Hofmann Forest for available non-riparian credits available to meet 2:1
ratio.
The following are responses to your comments and action taken: (comment or summary of
comment/response):
1. Asphalt parking and staging pad in the eastern extent of property deemed uplands.
• Acknowledeed
2. Wetland survey map accurate and will be signed
• Acknowledeed
3. Proposed restoration and monitoring plan clarifications:
a. Specific items required in wetland restoration area are included in Draft Restoration Plan by
Land Management Group.
• This is the document guiding us through the restoration, monitoring and
successful establishment of the restored wetlands.
b. Grading within the wetland restoration area must be executed within 30 days of receipt of
letter, including as-built survey and field approval by Corps prior to planting;
• To date, the site has been field staked with a five foot wetland buffer and the fill
depth has been verified (3-3.5'). Excavation of fill will begin Wednesday July
Filename: 110115 Response to June 22 2011 Letter.docx Page 1
27. 2011 until complete. Initially. the existing silt fence will remain in place until
the erade is established and the ground covering of applied. The silt fence will
be removed and wait for the dormant season for the proper tree planting per the
Restoration Plan. For the record, The fieldwork, holidays, vacations and
immediate personal family needs pushed the work out a week.
c. Planting must be planted by December 31, 2011 with specified seedlings.
• Noted
Wetland A to be included in Restoration activity
• All the silt fence will be removed and all restoration area will be cleaned of debris and
stabilized.
PCN review
a. Section A.1 b. of NWP to be changed to 39
• Done
b. Section C.2c. Wetland type is Hardwood Flat
• Done
c. Section D.1 b. address the use of a retaining wall around Wetland Impact areas 1 and 2 to
reduce impact; explain.
• The support system for the roof the shed are structural post buried and implant
in concrete and rebar. Based on the depth the retaining wall would need to go
down, the horizontal placement needs to be place 8'-10' away to ensure
maintaining the integrity of the structure. The fill depth is 3-3.5' deep at the
shed location and with the slope grade 3:1: the distance is very similar. The
extra 0.5' of buffer will account for the any unexpected ground variations. The
ground cover will be planted on the entire slope. Our opinion is that the 3:1
grad slope will provide been structural safety for the building and the retaining
wall will not materially (if at all) benefit in reducing impacts.
d. Need compensatory mitigation purchased from Hofmann Forest.
• Have documentation from Hofmann Forest with credits available. Also I was
under the impression that the 0.049 acre Wetland Mitigation-Restoration/
Preservation area could offset the 0.116 acre impact. The would make the
proposed impacts 0.067 and at a 2:1 ratio 0.134 credits would need to be
purchased from Hofmann Forest.
Provide draft preservation language for Conservation areas and draft of recordable map showing areas
to be preserved.
• Both a draft preservation language and draft of recordable map included.
Please contact me at 910-681-7444 or k johnsonnbizec.rr.com with additional questions
Sincerely,
Ken Johnson, PLS
Enclosure
Copies Furnished via email:
Mr. Jeffrey Brown, ABJK, LLC
Mr. Rob Moul, Land Management Group, Inc.
Filename: 110115 Response to June 22 2011 Leuer.docx Page 2
2 0 1 1 0 7 8 1? (F?
O'? W A TE9
p Y
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps: Q Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
?X 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ
401 Certification:
?X Yes 0 No For the record only for Corps Permit:

? Yes Q No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
© Yes '0; No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. Yes ? No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ?X No
2. Project Information
2a. Name of project: ABJK, LLC
2b. County: Onslow 07
2c. Nearest municipality / town: Jacksonville
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state project no: N/A 011
PM?
3. W
Owner Information llAlUps ow. WATER QUAL
3a. Name(s) on Recorded Deed: ABJK, LLC BENCH
3b. Deed Book and Page No. DB 2596, P 361
3c. Responsible Party (for LLC if
applicable): Jeffrey Brown
3d. Street address: 115 Atlas Brown Drive
3e. City, state, zip: Jacksonville, NC 28460
3f. Telephone no.: [phone]
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page 1 of 10
PCN Form - Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Charles Riggs and Ken Johnson
5b. Business name
(if applicable): Charles F. Riggs & Associates, Inc.
5c. Street address: 502 New Bridge Street, PO Box 1570
5d. City, state, zip: Jacksonville, NC 28541-1570
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 331-21.12 & 331-21.3
1 b. Site coordinates (in decimal degrees): Latitude: 34.764722 Longitude: 77.488611
1c. Property size: 22.259 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: UT New River; Inder 19-(1)
2b. Water Quality Classification of nearest receiving water: C; NSW
2c. River basin: White Oak
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
See attachment 1
3b. List the total estimated acreage of all existing wetlands on the property: 4.45
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
See attachment 1
3e. Describe the overall project in detail, including the type of equipment to be used:
See attachment 1
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? P9 Yes ? No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ?X Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Agency/Consultant Company:
Other: Land Management Group
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
March 15, 2011
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ? No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ?X No
6b. If yes, explain.
Page 3 of 10
PCN Form -Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams -tributaries ? Buffers ? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T 2b.
Type of impact 2c.
Type of wetland 2d.
Forested 2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other) 2f.
Area of
impact
(acres)
W1 P Fill Hardwood Flat No Corps/DWQ 0.011
W2 P Fill Hardwood Flat No Corps/DWQ 0.105
W3 Choose one Choose one Yes/No
W4 Choose one Choose one Yes/No
W5 Choose one Choose one Yes/No
W6 Choose one Choose one Yes/No
2g. Total Wetland Impacts: 0.116
2h. Comments:
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.
Stream impact
number
Permanent (P) or
Temporary (T) 3b.
Type of impact 3c.
Stream name 3d.
Perennial (PER) or
intermittent (INT)? 3e.
Type of
jurisdiction 3f.
Average
stream
width
(feet) 3g.
Impact
length
(linear
feet)
S1 Choose one
S2 Choose one
S3 Choose one
S4 Choose one
S5 Choose one
S6 Choose one
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form - Version 1.4 January 2009
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 individual) list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody
type 4e.

Area of impact (acres)
01 Choose one Choose
02 Choose one Choose
03 Choose one Choose
04 Choose one Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID number 5b.
Proposed use or
purpose of pond 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T 6c.
Reason for impact 6d.
Stream name 6e.
Buffer
mitigation
required? 6f.
Zone 1
impact
(square
feet 6g.
Zone 2
impact
(square
feet
B1 Yes/No
B2 Yes/No
B3 Yes/No
B4 Yes/No
B5 Yes/No
B6 Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See Attachment 1
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See Attachment 1
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ?X Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ?X Corps

2c. If yes, which mitigation option will be used for this

project? Mitigation bank

? Payment to in-lieu fee program

Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Hofmann Forest

3b. Credits Purchased (attach receipt and letter) Type: Non-riparian wetland
Type: Choose one
Type: Choose one Quantity: 0.232
Quantity:
Quantity:
'
amount
The Credits have no been purchased u as Hofmann ores credits available to purc ase with confirmation as to type an
3c. Comments:
4. Complete if Makin a Payment to In-lieu Fee Program
N/A
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
See Attachment 2 for Restoration Plan prepared by Land Management Group and Attachment 3 for map of detail and summary below:
Wetland restoration/preservation: 0.278acres Wetland mitigation - restoration/preservation: 0.049 acres
Wetlands to preservation: 0.168 acres
Page 6 of 10
PCN Form - Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ -/A- I
6a. Will the project result in an impact within a protected riparian buffer that requires Yes X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
Reason for impact 6d.
Total impact
Multiplier 6e.
Required mitigation
Zone (square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
I a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes X? No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 58.3%
2b. Does this project require a Stormwater Management Plan? ?x Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
Stormwater will be conveyed by swales to be temporarily stored and released over time into a ditch leading to a subsidiary creek leading to the New
River per Stormwater Management Permit number SW8 061246
2e. Who will be responsible for the review of the Stormwater Management Plan? NCDENR - DWQ
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ?Yes ? No
attached?
4. DWQ Stormwater Program Review
ZCoastal counties
?HQW
4a. Which of the following state-implemented stormwater management programs apply ?ORW
(check all that apply): ?Session Law 2006-246
?Other:
4b. Has the approved Stormwater Management Plan with proof of approval been ?X Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? Q Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? Q Yes ? No
Page 8 of 10
PCN Form -Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ?X No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ?X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
As explained in the overall project, wetlands were impacted with fill with the construction of the infrastructure and structures on-site. The buildings
impacting the wetlands have a purpose and need and were built without clear knowledge of impacting the wetlands. A line of silt fence was installed
and relied upon in determinining structure location. This was an honest mistake. Other wetlands were filled that are currently used for traffic control
device storage of which will be relocated to uplands and the wetlands restored to pre impact conditions. The buildings have a purpose and need to the
business operations and location is critical for safety. Mitigation to keep the two structures include restoring uplands to wetlands and preservation.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ?X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The parcel has an on-site nitrification field approved by Onslow County Health Department.
Page 9of10
PCN Form - Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ?X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ?X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. -
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
None
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ?X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
None
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ?X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
None
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ? No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
NC Fooodplain Mapping Information Systems - online

Jeffrey Brown May 18, 2011

Applicant/Agent's Printed Name Applicant/A s t re
' Date
d onl if a auth i tion
(Agent's signature is a
letter from the lican is ovide .

Page 10 of 10

C;HARLIr'?, I,, 1ZKJGS,1NO ASSO(. lAA ES,
502 NEW BRIDGE STREET
I'. 0. 13(-'X 1570
J.A KSt:)NMLLE, NORTH CAROLINA 285 1-1571)
TELEPHONE. [phone]
>~ACSih11LE' (910)454-9(.93
E-MAIL:
l o whorn it may a::nce1,t1:
The prapeln OV'I1?1' a',Iffltll'IZCS C:flarizs '. Ripe.S and Associates, lnc. & Land
Mana en-,ent Gi: Inc, co ac.t. as their agent for matters inclu Jing US, Army CoISO
f
Engineers tielil verification and permit appiications t'or the below desetibe.d property.
115° (A rla,s 13+7 17r:
Property Address: ___ • (Hwy 24)-
_? Jac3csonville, NC 28540
-- t:)nsl:.?uC`irunty p;irt:t;l nuulber 351-21.3 ?Sr a 31-??.1, ]
(l?i'n+:1' irifut'nlat[??Il:
Name. ABJK, LLC, Jeffrey Brjwfi,
Tide- la.Ieszrbet
.Address: I i 5 Atla; brown Drive
lacks+_mvii1e, NC 238540
TelepbUne Number -_„ - 010-346-8266
Facsimile Number: 910-4J5-9033
Email Address' _ jbrown(dlnnslnwgrAtlln°piil lit.Ct: 3:
Signitur?: 1(0jlti? t?? _ - _Uatt:? 7_`„??>'/ ---

CHARLES F. RIGGS & ASSOCIATES, INC.
Charles F. Riggs. P.L.S. L-2981
James A. Lewis, P.L.S. 1.-4562
Kenneth E. Johnson, P.L.S. 1,4925
Land Surveyors
502 NF.W BRIDGE STREET
P.Q. Box 1570
JACKSONVILLE, NORTH CAROLINA
TELEPIIONE: [phone]
FACSIMILE: [phone]
E-MAIL.: i-k1uslit ndr't diizec.rr.cPm
Wilmington office:
101 Scotts Hill Loop Road
28541 Wilmington, N.C. 28411
(9I0) 681-7444
Pre-Construction Notification (PCN) Form
ABJK, LLC.
Attachment I
B. Project Information and Prior Project History
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the
project at the time of this application.
The site is currently housing the business and operations side of Onslow Grading and Paving
Company, Inc and provides ingress, egress access to Stor-More Mini Storage. Existing
structures for the Onslow Grading and Paving office and shop complex include corporate office,
maintenance shop with outside work area, equipment shelter, striping shop, and gravel/asphalt
parking for company vehicles (pickups), dumptrucks, tractor trailors, trucks, heavy paving
equipment, and maintenance shop area. The site also contains storage for excess equipment and
inventory items not use daily and stormwater management pond. The site was originally home
to Down East Corporation and provided storage for portable restroom units.. The concrete pad of
the Down East Corporation office and remnants of storage areas exist directly adjacent to US
Hwy 258 with redevelopment plans for the future. Refer- to map for site layout.
The properties adjoining the site along US Hwy 258 are commercial with a scrap metal
processing operation to the west and bas station to east. Single family residential houses and
vacant land surrounds the remaining tract to the north and east.
3d. Explain the purpose of the proposed project.
The management oversight and operational execution of a grading and paving business requires
a high level of coordination in order to keep a safe environment for employees, equipment and
all other items. Onslow Grading and Paving has several distinctive operational components and
ABJK, LLC wants to consolidate these components in one centralized location. The parcel was
purchased with the ability to layout a site with a functionally safe traffic and work flow for all
personnel and equipment. This centrally located site will accommodate the current business size
along with anticipated growth and future expansion. The previous Down East office location is
considered an outparcel and slated for redevelopment as a road frontage retail/service provider
outlet like a car care center or tire shop and not available in the operations of the paving
company.
The site used for the paving company operations has been organized into like kind and functional
areas as shown on the Complex map. The current company fleet amounts to 46 regularly
Filename: 110115 PCN backup.docx Page 1
operation vehicles some with trailers up to 75 feet in length. The site functions to accommodate
the large turning radius of the vehicles and the daily staging of the vehicles for efficient early
morning mass exodus of the paving teams. The maintenance of the fleet vehicles is critical.
Maintenance area includes staging area for repairs of clutches, hydraulics, oil, tires, tune ups and
such along with a winch to load disabled vehicles into service bays.
The ingress and egress for the site is divided into two distinctive purposes and areas. The eastern
most entrance (near Stor-Mor) offers safe access to the corporate offices for employees,
customers, and vendors and the Stor-Mor clientele. The Onslow Grading and Paving vehicles
use the western entrance (Richlands side) providing separation from the public using eastern
entrance and routed in a defined travel path around the complex. The eastern entrance has a
sharp curve near the gas station and makes visibility more difficult for the large paving trucks to
enter and exit especially in the daily rush hours. The Complex is laid out in a departmentalized
manner separating functional divisions to ensure quick job turns by organized staging and
loading methods, safety-minded movement within the complex, and protection from costly
inventory and equipment damage. The operations can be monitored by all levels of management
from the main office building.
The covered shelter and striping shop are used in the everyday functions of paving. The shelter
houses general and specific job inventories and supplies that are used across various paving jobs.
The central location provides efficiencies and supply accountability. The shelter keeps the
material out of the weather. The striping shop provides dry storage of the striping operations
along with propane for the applications. The striping trucks are side loaded and back between
the shop and stormwater pond for access to the materials.
The physical locations of the buildings are on the perimeter to avoid impeding driver's field of
vision and away from moving traffic including a truck's turning radius. The location was based
on the silt fence installed during construction of the infrastructure and discussed below in the
overall project detail. Every morning and evening, the "yard" is very busy but orderly. The
driving space throughout the yard is currently safe and all designated areas are used. The
contents in the shelter and striping shop are needed every day and their proximity to the trucks
has to be close. Both buildings serve a critical purpose in the daily operations and all area is
needed for safety and growth.
3e. Describe the overall project in detail, including the type of equipment to be used:
"The project consists of constructing the infrastructure and structures of the project described
above. Please refer to the attached time line of events that related to this project. The property
was purchased in early 2006 and immediately the site plan was drawn and all permits were being
applied for including the JD for 404 wetland delineation. Most of the permits were secured by
year end 2007. The stormwater measures, including the wet pond, were constructed in I" quarter
2008. The dirt was used for site grading that included areas cleared and used in the past (per
Google maps 1999) and unaware of the encroachment on wetlands. In 2nd quarter 2008, Division
of Land Quality issued a NOV and installation of silt fence was needed for compliance. USACE
issued a letter of Unauthorized Activity and worked with a consultant to clear wetland impacts
with remedial action. In September 2009, wetland map was signed after wetland impact cleanup.
With reliance on the silt fence and after issues with USACE and DLQ were rectified, the needed
shelter and striping shop were constructed in the 41" quarter 2008. In 2009, the main office
Filename: 110115 PCN backup.docx Page 2
building and maintenance shops were constructed and previous Down East office razed
During 2009, another site (Hubert Asphalt Plant) was workin
a wetland impact area and the owners were acutel g with DWQ and USACE to rectify the seriousness of the fill activities. The fill activity on this site. occurred in 2008, rbut the reliance on the silt fenced e
gave assurance that wetlands were protected. The wetland fill impact was neither intentional nor
willful.
The overall project proposes to permanently impact existing 404 wetlands with fill of 0.116 acres
that includes a 12' area adjacent to the equipment shelter for a proper 3:1 fill ratio. Depending of
the depth necessary to return the wetlands to original grade, then the effective impact could be
reduced. Three types of areas are proposed as preservation amounting to 0.496 acres. The types
of restoration and mitigation activities are described in the "Restoration Plan for the Atlas Brown
Tract" prepared by Land Management Group (See Attachment 2) and detailed on the
accompanying map.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
I a. Specifically describe measures taken to avoid or minimize the proposed impacts in
designing project.
Wetland impacts have occurred in the development of the consolidated complex. A restoration
plan is submitted with this application. Silt fencing around the restoration area will prevent
further impacts. A 12 feet buffer is placed around the building impacts to allow fora proper slope to previous wetland grade and provide area for additional silt fence until grade slopes are
stabilized.
1
lb. Specifically describe measures taken to avoid or minimize the proposed im acts
through construction techniques. P
Wetlands are delineated and location known. No construction except for restoration is sched
at this time. scheduled
J
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)`/t 5/19/2011
ABA, LLC Timeline of events:
Date Activity Reference Responsible
2006
Feb-06 purchased Down East Rent a John DB2596 PG 361 Deed
Flagged wetlands signed map 12/5/2006 from
Thompson & Jones- Rapanos - no signed map SAW-2007-01484 Walton; Thompson &
from USACE Jones
Dec-06 Erosion Control Permit for 5.1 acres ONSLO-2007-192 Walton
2007
May-07 Stormwater Permit SW8 061246 DWQ
2008
JAN-OS HUBERT ASPHALT PLANT - Site visit by DWQ- No Linda Willis & Jean
General Permit -requested to apply Conway
1st Qtr 2008 Stormwater measures constructed
Apr-08 NOV - Land Quality - additional disturbance Hammers
2nd Qtr 2008 Installed silt fence - present location
May-08 CA from OC Health - Main Office Only ECA2008-00293 Pittman

Jun-O8 Letter of Inspection - Land Quality - no longer

NOV but new plans Hammers
Jul-08 Approved ESC Plan for 6.6 acres ONSLO-2007-192 DLQ
Sep-08 USACE - approved wetland and OK'd remedial SAW-2007-01484 Shaver
action to clean up wetland impacts
Sep-08 signed original 2006 wetland survey map Shaver
4th Qtr 2008 Constructed Shelter and Striping Shop Brown
2009
FEB-09 HUBERT ASPHALT PLANT - Wetland violations Joanne Steenhuis & Linda
noted
Willis
MAR-09 HUBERT ASPHALT PLANT - DWQ NOV NOV-2009-OP-0009 DWQ
APR-09 HUBERT ASPHALT PLANT -site visit by Corps Dave Bailey
MAY-09 HUBERT ASPHALT PLANT - Cease & Desist Dave Bailey
Jun-09
Application to OC Health - OP Pittman
Jul-09 CA from OC Health - Maintenance Shop biding ECA2008-00293 Pittman
Aug-09
Site visit for septic by Chris Harper OC Health Department
Aug-09 Issued OP EOP2009-00492 OC Health Department
During 2009 Constructed main office building, maintenance Brown
shop and razed Down East office site.
OCT-09 HUBERT ASPHALT PLANT - NW39 NW39 Dave Bailey
1
5/19/2011
ABJk, LLC Timeline of events:
Date Activity
2010 Reference Responsible
Jun-10 John Pierce recorded revised easement map 60-
86 Pierce
2011
Jan-11
DLQ inspection report; additional disturbance Hammers
Jan-11 NOV - additional disturbance
Feb-11 David Bailey & Joanne Steenhuis visited site DLQ
Feb-11 LMG started delineation DWQ
&USACE

Feb-11

Ken met Karl on Site; email to request plan M
G
L
extension to 2/28/11 Riggs
Feb-11 Civil Penalty from DLQ
Mar-11 Submitted revised ESC Plan DLQ
Mar-11 Receipt of Revised ESC Plan but ADD info Riggs
Mar-11
Regulatory Letter -impact from building and
DLQ
storage lot SAW-2007-01484 USACE
Mar-11 Resubmittal revised ESC Plan
phone with Haywood Pittman - in 2008, he Riggs
delineated wetland line, silt fence installed

Mar-11 ,
cleaned up any impact and consulted with Brad
Shaver who concurred with letter dated Pittman
9/4/2008.
Site visit with David Bailey - LMG - OK new storage
Mar-11 pad & wetland line for remaining tract - need to
request meeting for impact Bailey, LMG-Moul, Riggs
Mar-11 Approved Mod for ESC
Mar-11
inspection by Karl Hammers - ESC plan installed
DLQ
properly - in compliance

Apr-11
delivered wetland map to USACE Hammers
to resubmit
Apr-11
Office meeting with USACE in Wilmington Frye, Bailey, Brown, Riggs,
Submittal to USACE included a wetland Johnson
May-11
restoration plan, justification of purpose & need
of two structures in verified wetlands and After- Brown
the-Fact permit application
2
Draft Restoration Plan for the Atlas Brown Tract
Onslow County, NC
Prepared for:
Mr. Jeffrey Brown
ABJK, LLC
Jacksonville, NC
Prepared by:
Land Management Group
Wilmington NC
May 2011
Job #01-11-027
1
Introduction
This restoration plan was created in response to the March 2, 2011 (Action ID
No. SAW-2007-01484) letter from Colonel Jefferson Ryscavage to Mr. Jeffrey
Brown, the owner of the approximately 29 acre Atlas Brown tract in Onslow
County, NC as well as subsequent meetings and conversations with David Bailey
and Jennifer Frye of the US Army Corps of Engineers (Corps). In response,
Land Management Group was authorized to formulate a restoration plan for
submission with an after the fact permit to be prepared by Charles Riggs and
Associates.
The restoration plan will be divided into five sections. The impact restoration
section will show how the majority of the previously filled wetlands will be
restored. This area will be restored to its previous grade and replanted with
native wetland vegetation. The mitigation restoration will provide on-site
restoration to offset unavoidable impacts proposed in the after the fact permit
application. An addition area of wetlands will be preserved in perpetuity using
standard Corps deed restriction language. The restoration timeline section will
document the restoration schedule and the monitoring section will show the
documentation of meeting project success criteria. Please refer to the after the
fact permit application for mitigation locations.
1
Impact Restoration
A total of 12,116 ft2 (0.278 acres) previously impacted wetland will be restored.
The impacted area will be restored to the grade of the adjacent wetland. The
area will be stabilized with appropriate erosion control measures to ensure that
turbidity and nutrient pollution do not affect adjacent water bodies during
construction. Although it is anticipated that recolonization of the area from
adjacent seed bank sources will quickly revegetate the area with native species,
128 (460 seedlings/acre) bare root seedlings will be planted evenly on eight foot
spacings. All planted seedlings will be marked and tagged for monitoring
purposes. An equal mixture of bald cypress (Taxodium distichum) and black
gum (Nyssa sylvatica) will be planted. Vegetation success criteria will be the
survival of 89 (320 trees/acre) by the end of the monitoring period. The
hydrology success criterion will be considered the presence of field hydrology
indicators as defined by the 1987 US Army Corps of Engineers Wetland
Delineation Manual and the 2008 Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region.
The impact restoration area will then be preserved in perpetuity through
appropriate deed restrictions using standard Corps deed restriction language.
Mitigation Restoration
A total of 2,152 ft2 (0.49 acres) of previously filled wetlands will be restored to
offset the unavoidable impacts to adjacent wetlands. The area will be stabilized
with appropriate erosion control measures to ensure that turbidity and nutrient
2
pollution do not affect adjacent water bodies during construction. Although it is
anticipated that recolonization of the area will quickly revegetate the area with
native species, a total of 22 bare root seedlings (460 seedlings/acre) will be
planted evenly on eight foot spacings throughout the restoration area. All planted
trees will be marked and tagged for monitoring purposes. The planted species
composition will be identical to that of the impact area. Vegetation success
criterion will be the survival of 16 trees (320 trees/acre) by the end of the
monitoring period. The hydrology success criterion will be considered the
presence of field hydrology indicators as defined by the 1987 US Army Corps of
Engineers Wetland Delineation Manual and the 2008 Regional Supplement to
the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal
Plain Region. After restoration, the mitigation area will be preserved in perpetuity
using deed restrictions using appropriate Corps deed restriction language.
Preservation Mitigation
In addition to restoration, an additional 7339 ft2 (0.168 acres of wetlands will be
preserved in perpetuity through deed restrictions utilizing standard Corps deed
restriction language. When combined with the impact and mitigation restoration,
a total of x 21,607ft2 (0.496 acres) of wetlands will be preserved in perpetuity on
site.
Restoration Timelines
3
Grading work will commence as soon as possible after plan approval from the
Corps. Plantings will be done during the dormant season of 2011-2012. An as
built report will be completed and submitted to the Corps within three weeks of
completion of the restoration activities. The as-built report will provide both a
survey showing either elevation shots or cross sections provided by Charles
Riggs and Associates which will document the grading work as well as planting
success.
Monitoring Plan
All restoration areas will be monitored for five years or until deemed successful.
Annual monitoring reports will be submitted to the Corps within three weeks of
the anniversary of completion of the restoration activities. Each report will
consist of a simple narrative with vegetation and hydrology analysis.
Photographs will be included to document inherent conditions. COE data sheets
will document hydrology. In the event that hydrology and/or vegetative success
criteria are not fulfilled, a contingency plan will be implemented. The contingency
plan will require consultation with the Corps if success is not achieved during the
monitoring period. Recommendations for further activities will be implemented
and monitored until hydrology and vegetative success criteria are achieved.
Summary
A total of 12,116ft2 of previously impacted wetlands at the Atlas Brown Tract will
be restored as directed by the Corps directive. An additional 2,552 ft2 acres of
previously impacted wetland will be restored to offset unavoidable impacts
4
associated with an after the fact permit application. Both areas will be restored to
the grade of the adjacent wetlands and will be replanted with native wetland
vegetation. An additional 7,339 ft2 of wetlands will be preserved in perpetuity
through deed restrictions. An as-built survey and report will be prepared upon
completion of the restoration activities and submitted to the Corps of review.
Vegetation and hydrology success criteria will be monitored for five years or until
deemed successful with annual monitoring reports submitted to the Corps for
their review. Successful implementation of the restoration plan will offset
previous and proposed anthropogenic impacts.
5
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lip 11
Ken Johnson
From: Glenn Catts [[e-mail]]
Sent: Wednesday, July 13, 2011 10:03 PM
To: Ken Johnson
Cc: [e-mail]; 'Ashcraft David'
Subject: Re: ABJK, LLC - wetland mitigation committment letter
Dear Ken Johnson,
The Hofmann Forest wetland mitigation bank currently has more than 200 non-riparian credits available.
The price per credit is $44,883, so the purchase of 0.232 credits (to mitigate 0.116 acres of impact at 2:1) will require a
payment of $ 10,412.86
Please double check with the US Army Corp of Engineers to make sure Hofmann Forest non-riparian credits are suitable
mitigation for your particular impact and the exact number of credits you wish to purchase. If you should choose to
purchase our credits please send payment along with your USACE Action ID # and the name of the project to:
Mr. David L. Ashcraft
Executive Director, NC State Natural Resources Foundation, Inc.
3036 Biltmore Hall, Campus Box 8010
NCSU Campus Raleigh, NC 27695
...and we will send you a receipt verifying your purchase in the mitigation of your wetland impacts and echoing the
number and type of credits purchased, your USACE Action ID # and project name
Please include your USACE Action ID # along with the name of your project in any further correspondence.
Thank you for your interest and cooperation and best of luck with your project,
Glenn
Glenn P. Catts
Hofmann Forest Liaison
College of Natural Resources
North Carolina State University
2023 Biltmore Hall, PO Box 8002
Raleigh, NC 27695-8002
On 7/13/20113:22 PM, Ken Johnson wrote:
Glenn,
The mitigation ratio is 2:1 for the above project.
Ken Johnson, PLS
Charles F. Riggs & Associates, Inc.
910-455-0877 Jacksonville and Main Office
910-681-7444 Scotts Hill Office
[e-mail]
-It 5ci
Ken Johnson
11-01-1j-
From: Ken Johnson [[e-mail]]
Sent: Wednesday, July 13, 2011 3:20 PM
To: [e-mail]
Cc: 'Ken Johnson'; [e-mail]
Subject: ABJK, LLC - wetland mitigation committment letter
Hello Glenn,
Reference: AID # SAW-2011-01484
ABJK, LLC is applying for an after-the-fact NW permit with the USACE Wilmington Regulatory Division (David Bailey). The
project is located in Jacksonville, NC (Onslow County) and has proposed wetland impacts for 0.116 acres of Forested non-
riparian wetlands (Hardwood Flat).
Please provide documentation from the Hofmann Forest Bank if enough wetland credits exist to supply this requirement.
Do you need anything else in order to process?
Thanks,
Ken Johnson, PLS
Charles F. Riggs & Associates, Inc.
910-455-0877 Jacksonville and Main Office
910-681-7444 Scotts Hill Office
[e-mail]
sti ? yr? Aj, ?.

MODEL DECLARATION OF RESTRICTIONS
STATE OF NORTH CAROLINA
ONSLOW COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS ("Conservation Declaration ") is made on this day of ,
2011, by ABJK, LLC., 115 Atlas Brown Drive, Jacksonville, North Carolina 28460 "Declarant".
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation Property
(Property) being approximately 29 acres, more particularly described in Exhibit A attached
hereto and by this reference incorporated herein the Wetland Conservation Map for ABJK,
LLC., dated July 22, 2011, and recorded in Map Book , Page in the Onslow County
Register of Deeds; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or development
of the Property for any purpose or in any manner that would conflict with the maintenance of the
Property in its natural condition. The preservation of the Property in its natural condition is a
condition of Department of the Army permit Action ID SAW-2011-01484 issued by the
Wilmington District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to
waters of the United States authorized by that permit, and this Conservation Declaration may
therefore be enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that the
Property 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.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Declaration is prohibited. The Property shall be maintained in its natural, scenic, and open
condition and restricted from any development or use that would impair
1
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. Disturbance of Natural Feature. Any change disturbance, alteration or impairment of
the natural features of the Property or any introduction of non-native plants and/or animal
species is prohibited.
B. Construction. There shall be no constructing 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 Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property.
G.Sianage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs
identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous
waste, or any placement of underground or aboveground storage tanks or other materials on the
Property is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, 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 on the Property, except to
restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing
2
or permitting the diversion of surface or underground water into, within or out of the easement
area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or
wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued 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. Corps, its employees and agents and its successors and assigns, have the right,
with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting
the Property to determine whether the Declarant, Declarant's representatives, or assigns are
complying with the terms, conditions and restrictions of this Conservation Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to entitle
Corps to bring any action against Declarant for any injury or change in the Conservation
Property caused by third parties, resulting from causes beyond the Declarant's control,
including, without limitation, 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 to Property or harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to enter
the Property for any purpose whatsoever.
3
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and acknowledges
that the Property is currently undeveloped land, with no improvements other than any existing
utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole
owner and is seized of the Property in fee simple and has good right to make the herein
Declaration; that there is legal access to the Property, that the Property is free and clear of any
and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) 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 Conservation Declaration and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Declaration. If any provision is found
to be invalid, the remainder of the provisions of this Conservation 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.
C. Recording. Declarant shall record this instrument and any amendment hereto in
timely fashion in the official records of Onslow County, North Carolina, and may re-record it at
any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
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
Property or used in connection therewith, and that there is no environmental condition existing
on the Property that may prohibit or impede use of the Property for the purposes set forth in the
Recitals.
4
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
Type or print name
Signature
Title or Authority
Date
a Notary Public of the County of
State of North Carolina, hereby certify that appeared personally
before me this day and being duly sworn acknowledged that the above form was executed by him.
Witness my hand and notarial seal, this day of ")o
Seal
Notary
My commission expires
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