20071177 Ver 1_Application_20070706

WITHERS c~ RAVENEL
ENGINEERS 1 PLANNERS I SURVEYDRS
July 3, 2007
US Army Corps of Engineers
Regulatory Field Office
Attn: Ms. Kim Garvey
69 Darlington Avenue
Wilmington, NC 28403
Re: Stonebridge on Sunset
Previous AID# 200600868
W&R Project #03060102.01
Dear Ms. Garvey and Ms. Karoly,
COIJ I~TESI~'
~,s ®~~
NC-Division of Water Quality
401 Wetlands Unit 7_ ~ ~ 7 7
Attn: Ms. Cyndi Karoly ~
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
On behalf of Southern Villages, LLC., we are requesting authorization from the USACE to use
NWP 29 for the placement of fill into 0.094 acres of Section 404 jurisdictional wetlands and
0.034 acres of Waters of the US for the construction of the proposed project. A copy of this PCN
has also been provided directly to Ms. Joanne Steenhuis in the DWQ Wilmington Field Office.
The site is located on Holden Beach Road, north of the intersection of Holden Beach Road and
Mt. Pisgah Road, in Supply, Brunswick County. The project is approximately 28.66 acres in size
and is located in the Lumber River basin. The wetland delineation was reviewed and approved by
Ms. Jennifer Frye (AID #200600868). A copy of the signed JD Survey has been provided as an
Appendix to the enclosed PCN.
The current request is for 0.094 acres of impacts to Section 404 jurisdictional wetlands and
0.034 acres of Waters of the US (see the attached maps and PCN for details).
Please feel free to call if you have questions or require additional information.
Sincerely,
~~~._..-
Troy Beasle ~'" ~ f '~ °~
Environmental Scientist ~~~ `~~ ~' ~.:. ~~ ~ i'.-s s'~~~
~ l~ ~ p
Attachments: NWP 29 PCN Ft ~~
ZOOi
Cc. Joanne Steenhuis -DWQ Wilmington Field Office
`?r4v h,~
.~ .1'~'~ tl~r~'FR ~i~H
704o Wrightsville Avenue, Suite ioi Wilmington, North Carolina 28403 tel: 9io-256-9277 fax: 9io-256-2584
www.withersravenel.com

Office Use Only: Form Version March OS
07-1177
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
~t)~J RTE~I~
~i~.JP~
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 29
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: ^ _
e 1+ 1
II. Applicant Information ,~ ~ _ ~ ~
Owner/Applicant Information
i._.1 ~ r'.arla~,,Yt'
Name: Southern Villages, LLC ,~@~~ ,r ~,rE,--~~~,R~ ~a
Mailing Address: 4922 East Oak Drive
Oak Island. NC 28465
S~-ucm. S 1~-~,e.r r,on1
Telephone Number: 704-242-0500 Fax Number:
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: Troy Beasley
Company Affiliation: Withers and Ravenel
Mailing Address: 7040 Wrightsville Ave, Suite 102
Wilmington, NC 28405
Telephone Number: 910-256-9277 Fax Number: 910-256-2584
E-mail Address: tbeasley~a,withersravenel.com
Updated 1 UV2005
Page 1 of 9

s
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cobblestone Cove
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2150010006; 2150010021
4. Location
County: Brunswick Nearest Town: Shallotte/Holden Beach
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Take Hwy 17 south
towards Shallotte/M~rtle Beach. Approximately 1.7 miles after the intersection of Hw~17
and SR 211 make a left onto Mt. Pisgah Road. At the intersection of Mt. Pisgah Road and
Holden Beach Road make a right onto Holden Beach Road. The entrance to the property is
located approximately 0.5 miles from intersection on left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 33.9552 °N 78.3169 °W
6. Property size (acres): X28.66 acres
7. Name of nearest receiving body of water: Oxpen Branch to the southwest
8. River Basin: Lumber
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The project site currently consists of mixed residential and
Updated ll/1/2005
Page 2 of 9

agricultural land uses. The land uses in the vicinity of the site also consist of residential and
agricultural land use.
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will consist of a residential subdivision. The equipment to be used will
consist of common commercial construction equipment.
11. Explain the purpose of the proposed work: The overall project purpose is to meet the
rg owing demand for residential housin.,g in Brunswick County.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. The onsite wetlands were reviewed and approved by Ms. Jennifer Fri
of the Corps of Engineers on May 3, 2006 (AID#200600868). Copies of the JD tearsheet and
signed wetland map have been provided as Appendix 1.
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.
There are no future permits anticipated for the proposed project. The road stub-outs shown on
the site plan are required by Brunswick County, and are not indicative of future work b} the
annlicant.
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Updated 11/1/2005
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Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed project will result in
0.094 acres of wetland impacts and 0.033 acres of impacts to Water of the US as a result of
° construction of the main access road, the entrance road to the amenities center and the
southwestern cul-de-sac.
2. Individually list wetland impacts. Types of 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.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet)
Wetland Impact A Permanent Fill Shrub/Herbaceous No f950 feet 0.001 ac
Wetland Impact B Permanent Fill Shrub/Herbaceous No f 900 feet 0.082 ac
Wetland Impact C Permanent Fill Shrub wetland (logged) No f500 feet 0.011 ac
Waters of US permanent Fill Open Ditch No f950 feet 0.034 ac
Impact A

- - -- - - - -
- `Dotal ~~'etlandltnpact (acres)
0.09 ac_.
Total Waters of US Impact (acres) 0.034 ac
3. List the total acreage (estimated) of all existing wetlands on the property: 5.78 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

NOT APPLICABLE

Total Stream Impact (by length and acreage)
Updated 11/1/2005
Page 4 of 9

f
techniques to be followed during construction to reduce impacts. The proposed project will
result in 0 094 acres of impact to jurisdictional wetlands and 0.033 acres of impact to
jurisdictional Waters of the US as a result of the construction of the project's infrastructure. The
proposed wetland and Waters impacts will occur as a result of the main access road, the amenity
center entrance road and the construction of the southwestern cul-de-sac. No wetland impacts
will occur from lot fill.
The proposed project has been redesigned to minimize wetland impacts by 0.15 acres. The
original site plan proposed 0 24 acres of wetland impacts with the majority of the wetland
impacts resulting from the construction of four lots proposed in the current location of the
amenity center. The construction of those four lots would have resulted in an additional 0.15
acres of wetland impacts Through the redesign of the project the amenity center was moved to
its current location and the four lots (66-69) were moved to the northern portion of the property.
This allowed lots 66-69 to be buildable with no wetland impacts required. The layout of the
amenity center is much more flexible than the standard lot layout, allowing the amenity center to
be designed around the wetlands with only the amenity center entrance road rectuirin~ wetland
impacts
Wetland impacts have also been minimized by impacting only the outer fringes of the onsite
wetlands By impacting only the outer fringes of the onsite wetlands the higher quality interior
wetlands will remain contiguous and un-impacted b~proposed development. This will
maintain an extensive undisturbed riparian buffer along the onsite portions of Oxpen Branch.
The post-development wetlands will be preserved b i~rporating a restrictive covenant into the
HOA documents. The Restrictive Covenant will provide assurance against future impacts to the
preserved wetlands A coRy of the proposed Restrictive Covenant language and Wetland
Conservation Exhibit has been provided as Appendix 2.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Updated 11/1/2005
Page 6 of 9

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation for 0.094 acres of wetland impacts and 0.033 acres of impact to Waters of the US
will consist of the preservation of the 5.68 of onsite wetlands remaining in the post-
development condition. The preservation of the remaining 5.68 acres of wetlands will result
in a 47:1 preservation mitigation ratio. As a result of the avoidance and minimization of
wetland impacts exhibited through the redesign of the project, as well as preservation of
riparian buffers to the onsite portions of Oxpen Branch, no additional mitigation is proposed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
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/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Updated 11/1/2005
Page 7 of 9

Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation. '
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No ® _
2. If "yes", 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 Multiplier Required
(square feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. In the existing condition, there is_no impervious
area. The site plan proposes the total impervious area to be 33%, and will require a state
Updated 11/1/2005
Page 8 of 9

stormwater permit The proposed impervious calculations can be viewed in the Development
Data table located on the attached site plan Onsite stormwater will be treated in a high density
stormwater treatment system consistin>; of two wet detention ponds. A State Stormwater Permit
application has been submitted to DWQ and is currently under review for approval.
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.
County Sanitary Sewer -
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The proposed prof ect will not result in additional development.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
A licant/Agent's Signature Da e
(Agent's lgnature is valid only if an autho 'zation letter from the applicant is provided.)
Updated 11/1/2005
Page 9 of 9

AGENT AUTHORIZATION FORM

AUTNC9RtT`Y Ft~R APPOINTMEt+~T C3F AGENT 0 7 - ~ ~ 7 7
The undersigned owner{s~, Sr~'d~~ t'~ ~ `~N~~'io{es} hereby appt~int Troy E~easley 1 V1~"Ittters
Ftauenel _1nc, as his, her, or it's exclusive agent for the purpose of petrttroning ~ ~~prcpriate
local, Mate and federa4 environments( regulatory agencies {US Army Corps of Engineers, NC
C~ivisian of 1Nater Quality, NC Diviierrt of Coastal Manar~ement, etc.} for: a) review and' approval
of the jurisdic#ionai boundaries Qf t~rtsite jurisdictional areas {wetlands, surface waters, etc.}
and/ar; b} preparation and submit#.al of appropriate enuironrnental perrrtit applicatianslrequests for
the C~-~blestcxrte Gc-ve project.
T'he owner does hereby authorize that said agent has the authority tc do the fc~llc-wing acts on
behalf of the owner:
{~ } To submit epprcpriate tequestslapplication~nd the required
supplemental materials;
{2~ To attend meetings to glue representation on behalf of the client.
{~} Tc authorize access to subject property far the purpose cf envircrtmental
review by appropriate regulatcsry agencies.
"i'his agreement shall cctr~tirtue in effect until completion of the contracted task ar termination ~y
the property ov~tner.

Agent's Name I~ddress & Telephone;
Signature of Qwner~s}:
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V~Jilmin ton NC 28~1g3
Te(. X113 256-9277
.~t.~~i,~~c~' _ County, 1`Sorth Carolina
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U.S. ARMY CORPS OF ENGINEERS ''
WILMINGTON DISTRICT
Action Id. 200600868 County: Brunswick U.S.G.S. Quad: Holden Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Southern Land Enhancement, LLC
Address: 127 Bradley Pines Drive
. Wilmington, NC 28403
Telephone No.:
Property description:
Size (acres) 26.838. Nearest Town Holden Beach
Nearest Waterway Oxpen Branch River Basin Lumber
USGS HUC 03040207 Coordinates N 33.9552 W 78.3169
Location description This site is located along the southside of Holden Beach Road, west of Mt. Pisgah Road, in
wetlands adjacent to Oxnen Creek north of Holden Beach North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there maybe wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the pernut regtirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or ottr
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The waters of the U.S. including wetland on your property have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CW A
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on 5/3/2006. Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
~;~e frequ ents,of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
p hs1le~ re glahons this determination maybe relied upon for a period not to exceed five years from the date of this
n ficahon.
~'
prgpet'~y is located m onlrof:the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
~ti(~MA) You should contact,the Division of Coastal Management in Wilmington, NC, at [phone] to determine
the .,requireineuts~.~:,~.u. ,w~"'
P ge 1 of 2

y •.
Action ID: a d ~ ~2 Old $(~ $~
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer Frye at 910-251-4923;
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adjacent to
Oxpen Creek, a tributary to Shallotte Creek a tributary to the Shallotte River and ultimately the Atlantic Intracoastal
Waterway a navigable Water of the U S This site also contains a waterbody that exhibits an ordinary hit!h water
mark and is a tributary to Oxpen Creek This determination is based on information submitted by Withers and
Ravenel and a site visit by Jennifer Frye on 4/11/2006.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
° 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAY.
Should you decide to submit an RFA form, it must be received at the above address by 7/3/2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: -'-'1
Date 05/03/2006 Expiration Date 05/03/2011
Copy furnished:
D&S Developers, LLC, 731 Carly Scott Drive, Monroe, NC 284110
Troy Beasley, Withers &Ravenel, 7040 Wrightsville Avenue, Suite 101, Wilmington, NC 28403
Noelle Lutheran, DENR-DWQ WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
u ~~c~ue~
MAY ' 8 ZU06
Page 2 of 2

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07-1177
Restrictive Covenant Language
"The areas shown on the recorded plat (identify the plat by title, date, and
recording data) as conservation areas shall be maintained in perpetuity in their
natural or mitigated condition. No person or entity shall perform any of the
following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary
structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural
purpose
This covenant is intended to ensure continued compliance with the mitigation
condition of a Clean Water Act authorization issued by the United States of
America, U.S. Army Corps of Engineers, Wilmington District, Action ID ,and
therefore may be enforced by the United States of America. This covenant is to
run with the land, and shall be binding on the Owner, and all parties claiming
under it."

M t% '4n
VICINITY MAP (NTS)
N
PANE R~
i
W E
S
GRAPHIC SCALE
0 750 300
1 inch = 300 ft.
EIR
WETLAND
CONSERVATION AREA A
AREA = 0.531 AC
UNE CALLS Ai-A8.
dl¢
WERAND CONSERVA710N AREA B
AREA = 0.551 AC
UNE CALLS B1-B27
~F~
'~ ~N
~.
- 1HIS IS A WERAND CONSERVATION EXHIBIT. THIS IS NOT A
BOUNDARY SURVEY AND NO RELIANCE CAN BE PLACED ON THE
y ~~ ACCURACY OF 1HE PROPERTY LINES SHOWN
~~ -REFERENCES: MB 26-28 OF THE BRUNSWICK COUNTY
~,.,+ ~ REGISTRY (PIN: 2150010021)
~ ~~ -ALL LINE CALLS ARE CONSECUTIVE,• NOT ALL LINE CALLS ARE
\ o.~~'y SHOWN GRAPHICALLY
~' _~'a LEGEND
GENERAL NOTES:
~ EXISTING IRON ROD
EIR
WETLAND CONSERVATION AREA
i ~F~
P' \~~
I
EIR
TIE LINE TABLE
LINE LENGTH BEARING
T1E1 92.48 N37'37'S9"W
TIE2 35.63 S24'39'45 E
TIE3 825.76 S46'10'12 E
WETLAND CONSERVATION
AREA A LINE TABLE
LINE LENGTH BEARING
A 1 41.25 S47'28'S8 "W
A2 47.02 S39'42' 11 "W
A3 34.93 S48'13'15"W
A4 51.23 574'27'07"W
AS 43.56 S55'44'35"W
A6 51.13 513'04'34"W
A7 36.99 S37'O6'S5 E
A8 79.05 N86'S9'07'E
WETLAND CONSERVATION
AREA B LINE TABLE
LINE LENGTH BEARING
B 1 19.29 N76'S4'03 "W
B2 59.67 N86'S6'05"W
B3 71.45 N7T52'00"W
B4 75.47 N40'02' 10 "W
B5 46.12 S72'41'S0"W
B6 43.19 S44'36'40 "W
B7 38.56 S28'00'S6"W
B8 65.34 N85'03'34 "W
B9 12.45 S25'36'35 "W
B10 14.87 S65'48'06'E
B11 39.22 522'43'30"W
B 12 24.68 S68'38'25 "W
B13 28.23 S24'28'30"W
B14 34.56 578'58'51 E
B 15 30.24 N38'34'S0 E
B 16 19.35 N04'24'41 E
B 17 41.40 N38'42'43 E
B 18 60.61 570'42'01 "E
B 19 60.26 N59'30'37 E
B20 45.84 S86'S1 '42 E
B21 43.14 573' 11 '27"E
B22 23.52 S47'33'T5"W
B23 37.89 S21'13'S8 E
B24 41.56 N71'21 ' 13 E
B25 60.79 N89'00'18"E
B26 72.71 S58'04'35 E
B27 33.22 S30' 13'50 E
WETLAND CONSERVATION
AREA C LINE TABLE
LINE LENGTH BEARING
C1 33.63 S44'S4'13"W
C2 44.85 S48'39'23"W
C3 18.06 S00'00'55 "W
C4 40.42 S47'04'40"E
CS 8.35 N79'41'S7'E
C6 41.51 N85'09' 15 "E
C7 53.48 S21'21'S9"E
CS 65.76 S51'1T55"W
C9 33.76 S41'42'14"W
C10 51.94 S44'36'15"W
C11 44.52 S44'47'20"W
C12 33.01 S6T 12'56"W
C13 25.58 N85'14'19"W
C14 51.77 N70'O6'12"W
C15 53.59 S30'4T56"W
C16 37.22 S06'26'S3"E
C 17 62.76 S36'33'34 "W
C 18 37.51 S 13'49'26 "W
C 19 37.62 S64'02'00 "E
C20 61.81 S67'30'10"E
CZ 1 27.28 S48'28' 11~"W
C22 31.43 N79'12'22"W
C23 71.05 N54'11'31"W
C24 50.00 534'59'29 "W
C25 42.65 S41'02'40"E
C26 38.54 S22'08'15"W
C27 30.07 S17'30'37"E
C28 39.57 S49'25'40 E
C29 140.92 S36'25'03'E
NVSERVA 110N AREA
AREA = 4.621 AC

COBBLESTONE COVE
LOCKWOOD FOLLY BRUNSWICK COUNTY NORTH CAROLINA
WITHERS ~[' RAVENEL
WETLAND CONSERVATION EXHIBIT cwei[cces I •LAMM[R! 1 sURVLYO R!