20051891 Ver 1_Complete File_20060302

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5outkcrn Lnvironmcntal C3roup, Inc.
55'15 South College Road, Suite E, • Wilmington, North Carolina 28412
910.452.271 1 • rax: 910.452.2899 • [e-mail]
www.seg.us
February 26, 2006
United States Postal Service
Mr. Ian McMillan
Oversight/Express Review Permitting Unit
2321 Crabtree Blvd.
Raleigh, NC 27604
RE: Bailywick at Pages Creek
Dear Mr. McMillan:
MAl 2 ii
DEtIK - VIP, 1
SEGi Project #: 05-004.01
This letter is in reference to correspondence received from the United States Army Corps of
Engineers (USACE) regarding the incomplete Pre-Construction Notification (PCN) Application
for Bailywick at Pages Creek, Action ID Number 200500689 (received 4 November 2005).
Attached you will find copies of all the documentation furnished to Ms. Jennifer Frye of the
USACE in response to the letter of Incomplete Application received by this office.
Attached to this correspondence, you will find a revised copy of the PCN and revised site plan.
The original Impact Area A submitted to your office has subsequently been removed from the
proposed plan, thereby reducing the amount of proposed impacts to jurisdictional waters from
0.10 acre to 0.05 acre. The client is also proposing to preserve the remaining wetlands, as
depicted on the attached conservation exhibit map and accompanying restrictive covenants. We
are also furnishing you with a copy of the Letter of Agency which authorizes Southern
Environmental Group, Inc. to represent the client, Douglas Muhle. Also, a copy of the NC
Division of Water Quality' approval of the projects stormwater management plan has been
attached to this correspondence.
It is our hope that by supplying you with the above-mentioned documentation, our PCN
application submitted to your office will be considered complete. Should you need anything
further of us, please do not hesitate to call our office, 910.452.2711. Thank you so much for your
time and consideration with regards to this project.
Sincerely,
Dana Lutheran
Project Manager

5E-Gi
Enclosures: 2 of the following:
Response Letter to USACE
Revised PCN
Revised Site Plan
Wetland Conservation Exhibit Map
Restrictive Covenants
Letter of Agency
NC DWQ Stormwater Management Plan Certification
404 General Permit 18

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

PROTECTIVE COVENANTS
BAILEYWICK ON THE POINTS
THIS DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND
EASEMENTS, dated for purposes of reference only this the day of SEPTEMBER, 2005, by
ECI CUSTOM HOMES, INC. (hereinafter "Declarant").
RECITALS:
Declarant has, by recordation of a subdivision plat, subdivided certain property shown on
said plat into lots intended for utilization for construction of single family homes. The subdivision
plat is recorded in Map Book-----_, Page New Hanover County Registry, and all property
shown thereon is hereinafter referred to as the "Subdivision". Each numbered lot shown on the
recorded plat is referred to herein as a "lot". The name of the subdivision is BAR EYWICK ON
TFlE POINTS.
Within the Subdivision and as shown on the recorded plat, there has been privately
dedicated one or more street rights of way, and there will be or has been constructed within each
such right of way, in accordance with applicable construction standards of the State of North
Carolina, a subdivision road. Access to each Lot within the Subdivision is over one or more streets
shown on the recorded plat of the Subdivision.
In order to maintain the streets providing access to the Subdivision as shown on the recorded
-- -- - --play to own; manage and maintain as and aftlitres as more o ere, and
enforce these Protective Covenants and to provide an organization for the benefit of the owner of
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each Lot within the Subdivision, Declarant has chartered a North Carolina nonprofit corporation
named BAILEYWICK ON THE POINTS HOMEOWNERS ASSOCIATION (the "Association').
The owner of each Lot is a member of the Association, and the owner of each Lot is obligated to pay
dues and assessments to the Association for the benefit of the Association and the owner of each Lot
within the Subdivision. The organization and operation of the Association is described in these
Protective Covenants and in the By-Laws of the Association.
It is the. desire and intention of the Declarant, for its benefit and with the intent of preserving
the value of each Lot, to restrict the utilization of and improvements on each Lot within the
Subdivision in accordance with guidelines established herein. Therefore, Declarant hereby subject
the property described hereinafter to the terms and provisions of these Protective Covenants for the
use and benefit of all present and future Lot owners within the Subdivision.
1. DESCRIPTION. This Declaration shall run with the land and shall bind and inure to the
benefit of the owner of each Lot within the Subdivision, and the property made subject to these
Protective Covenants is all of the property shown on that plat of BAILEYWICK ON THE POINTS
recorded in Map Book , Page , New Hanover County Registry, as the same may be
amended from time to time.
2. ADDITIONAL PROPERTIES. Declarant reserves the right to subject additional
properties to the terms and provisions of these Protective Covenants. The property which may be
made subject to the terms and provisions of these Protective Covenants may include additional
adjacent properties thereto (adjacent being defined as inclusive of properties across a right of way or
water body). All or any part of such property may be subjected hereto; such property may be
subjected hereto in one or more phases. However, to the extent that any portion of such property
has not been subjected to the terms and provisions of these Protective Covenants by recordation of
an amendment to these Protective Covenants in the Office of the Register of Deeds of New Hanover
County Registries, which amendment specifically exercises such right, on or before December 31,
2009, this right shall terminate. Lots made subject to the terms and provisions of these Protective
Covenants by amendment shall be liable for payment of dues as specified in such amendment;' but
in no event shall dues by payable later than the conveyance by Declarant of any lot within a given
phase or section to a third party.
3. SINGLE FAMILY UTILIZATION. This Protective Covenant restricts all numbered
Lots subjected to its terms to use only for single family residential purposes. No home or other
structure eons-t-uctea within the Subdivision shall be utilizcd for commercial purposes, except that
Declarant or its assigns shall be entitled to use any structure located within the Subdivision for
purposes of assisting in the sale of Lots within the Subdivision Nothing rnntainerl herein shall limit
to single family utilization property subjected to this Declaration by valid amendment hereto, but all
such properties shall be limited to residential utilization.
4. BUILDING AND SITE RESTRICTIONS. The Architectural Control Committee must
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procedures described in Paragraph 5 of these Protective Covenants. In addition, the following
restrictions shall apply:
(a) No detached garage, storage shed, or carport shall be permitted unless
architecturally compatible with the primary dwelling structure on the Lot.
(b) No more than one (1) single family house shall be allowed per Lot.
(c) All homes must be constructed substantially on site, and no modular home shall
be located within the Subdivision and no homes constructed elsewhere shall be allowed to be
conveyed into and located on a Lot within the Subdivision. No temporary structures shall be
allowed.
(d) No sign shall be allowed on any Lot so as to be visible from any street right of
way or any adjoining Lot, except as to the following signs, which shall be allowed:
(1) a sign, no greater than four square feet in size, specifying the. general
contractor actually constructing a structure on a Lot. Such sign must be removed upon issuance of a
certificate of occupancy for the structure;
(2) a sign identifying the property upon which such sign is placed only by
the name of the owner and a street number. Such sign must be constructed at a size, and to
specifications and styles established by the Architectural Control Committee, and must be located
on the Lot in a place specified by the Architectural Control Committee;
(3) street or directional signs erected by the Association;
(4) any sign required to be constructed by any governmental agency; and
(5) identification and informational signs constructed by Declarant, or its
agent, installed in places, for the purpose of assisting the Declarant in identifying the project and the
location of sales offices, amenities, lots for sale, sales models or other nonresidential uses within the
Subdivision.
(6) all other signs must be approved by the Architectural Control
Committee.
All permitted signs, except those required to be constructed by a governmental
entity, shall be constructed of materials, in a style of colors and in a location established and
approved by the Architectural Control Committee.
(e) The minimum square footage of heated, enclosed living space for each approved
residential -structure shall be 2,500 square feet for a one story house and 3,000 square feet for a two
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story house..
(f) There are no absolute building setback requirements other than those that may be
imposed by a local government or those shown on the recorded plat of the Subdivision. However,
no structure will be allowed within 30 feet of any street right of way, 15 feet of any side Lot line, 25
feet of any rear Lot line, unless alternatives are approved by the Architectural Control Committee.
NOTWITHSTANDING ANY SUGGESTED SETBACK, THE ARCHITECTURAL CONTROL
COMMITTEE SHALL HAVE COMPLETE AUTHORITY TO DETERMINE THE
APPROPRIATE BUILDING SITE ON EACH AND EVERY LOT. THERE IS NO
PRESUMPTION THAT SUCH APPROVED BUILDING LOCATION SHALL BE WITHIN THE
SUGGESTED SETBACKS SET OUT HEREINBEFORE.
(g) Bulkheads and the utilization of other riparian rights by construction of
improvements or structures shall only be allowed after approval by the Architectural Control
Committee and all applicable governmental agencies, and no such structures will be allowed unless
said structures are compatible with similar or proposed improvements on other Lots and after a
finding that the construction of such structures will no unduly interfere with the riparian rights or
reasonable property expectations of the owners of other Lots within the Subdivision. The type of
construction utilized for bulkheads may be controlled by the Architectural Control Committee based
on appearance, function and environmental engineering criteria.
(h). The heights of structures shall be subject to approval of the Architectural
Control Committee in accordance with the standards set out in Paragraph 5 hereunder, but no
structure may exceed in height the height limitation imposed by New Hanover County.
(i) Fences are subject to the complete jurisdiction of the Architectural Control
Committee as to location, style, materials and height. As used herein, fences shall include walls,
barricades, shrubbery or other impediments to reasonable mobility and visibility. The Architectural
Control Committee shall only approve the Construction of a fence upon a determination that the
fence is aesthetically pleasing; does not detract from the reasonable value of any Lot and does not
unreasonably impede the view of any water course or other attractive feature from any other Lot. It
is the responsibility of the lot owner to insure all structures or fences are constructed within their lot.
(j) No satellite receiving dish, radio antennae or other similar device shall be located
on any Lot. The Architectural Control Committee shall approve the location of such device only
upon making an affirmative finding that the location of the device on the Lot is in the area of
minimum visibility from any surrounding Lot or from any street, and upon a further finding that the
proposed location will not significantly detract from the aesthetic values of the Subdivision.
(k) No boat, boat trailer, other trailer, camper, recreational vehicle, utility vehicle or
truck (to the extent that a truck is rated as a two and one-half ton truck or larger) shall be allowed to
remain on any street right of way or an any Lot or on any common property overnight unless it is
enclosed within a garage, solid fenced area or planted screen that has been constructed in accordance
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with the provisions of these Protective Covenants.
0) The Association shall have authority to adopt rules and regulations prohibiting or
restricting the location of temporary or permanent clotheslines, the number of vehicles that my be
parked on any Lot and the number, type and location of trash receptacles and trash receptacle
enclosures.
(m) No activity, whether active or passive, that is reasonably considered a nuisance
by the Association shall be allowed on any Lot. This prohibition includes any activities within any
structure, on any Lot or on any street or common area The Association is specifically authorized by
Paragraph 15 of these Protective Covenants to adopt rules regarding conduct and use of any Lot;
however, The Association may find any conduct or use of a Lot to be a nuisance notwithstanding the
fact that such conduct is not specifically prohibited by these Protective Covenants or by an adopted
rule. If any conduct is deemed by the Association to be a nuisance, and to the extent that such
conduct is not specifically prohibited by the provisions of these Protective Covenants or by an
adopted rule, the Association shall give written notice to the offending owner specifying the nature
of the nuisance, and requesting that such nuisance be terminated. If any nuisance is not terminated
within a reasonable time thereafter, the Association may, in addition to any other remedy, impose a
fine in the amount of $100.00 per violation. If the nuisance is of a continuing nature, a separate
violation shall be considered made each day the nuisance continues. All such fines may be collected
in the same manner as an assessment as more fully specified herein, and all attorney's fees incurred
may be collected as allowed by Paragraph 7 herein.
(n) Improved and unimproved lots must be maintained by the owner in a manner
consistent with the Subdivision as determined by the Architectural Control Committee.
5. ARCHITECTURAL CONTROL COMMITTEE PROCEDURES. At least thirty (30)
days prior to the anticipated commencement of any landscaping or construction of any structure or
improvement on any Lot, the owner of such Lot (or his duly appointed agent) shall submit to the
Chairman of the Architectural Control Committee a survey of the Lot, which survey shall show
each Lot corner. There shall further be shown on said survey the proposed location of all proposed
and existing structures or improvements, including driveways, bulkheads, piers, patios, decks and
walkways, and further including a specific delineation of the proposed location of all improvements
that will result in the creation of impervious surfaces as defined by the Department of
Environmental Management of the State of North Carolina in accordance with the North Carolina
coastal storm water regulations including the square footage calculation of the impervious surfaces.
There shall further be provided to the Architectural Control Committees sufficient building
elevations and other site plans, including a statement of exterior building materials and proposed
exterior colors, to allow the Architectural Control Committee to appropriately and accurately
evaluate what is proposed for construction on the Lot. The survey shall be prepared by a registered
or licensed land surveyor, and the building elevations and other site plans shall be prepared
professionally. There shall be submitted two copies of all information required to be submitted.
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The owner of each Lot shall notify the Architectural Control Committee of the identity of
the contractor proposed for construction of any major improvements on any Lot. Major
improvements shall be all improvements of a reasonable construction cost of $10,000.00 or more.
The owner of each Lot shall include with the name of the contractor a statement as to the
classification of contractor's license held by such contractor, the address and telephone number of
the contractor, and tow owners of comparable properties previously constructed by such contractor,
and a minimum of two financial references. This information shall be submitted to the Architectural
Control Committee at time of submission of plans; if such information is available at that time; if
the information is not available at that time, the information shall be submitted to the Architectural
Control Committee at least thirty (30) days prior to commencement of construction.
Within thirty (30) days after receipt of all required information, the Architectural Control
Committee shall submit in writing to the owner of the Lot whether or not the requested
improvements are approved. Unless a response is given by the Architectural Control Committee
within thirty (30) days, the plan shall be deemed approved. The response of the Association may be
an approval, a denial, an approval with conditions or a request for additional information. A request
for additional information shall be deemed a determination that the information submitted was
inadequate, and the thirty (30) day time for response shall only commence upon receipt of the
requested additional information. If approval with conditions is granted, and construction then
begins, the construction shall be deemed approval by the owner of the Lot of the conditions
imposed.
The Architectural Control Committee shall approve the plans as submitted, if all required
information is submitted, and the following affirmative findings are made by the Architectural
Control Committee:
(a) that the improvement sought to be constructed will not have negative economic
impact on any other Lot within the subdivision;
(b) that all required specific building standards and other conditions contained
within the Protective Covenants and other applicable legal documents have been complied with;
(c) that the improvements are architecturally compatible with proposed or
constructed improvements on other Lots within the Subdivision; and
(d) that the natural features of the Lot have been retained to the maximum extent
feasible.
(e) that the impervious surface limitation coverage proposed on each Lot is
consistent with the requirements of the Department of Environmental Management coastal storm
water regulations. Lots shall contain impervious surfaces as defined by said regulations not in
excess of the following: Lots 1 - 10, 5,000 square feet each At no time shall the total impervious
surface coverage on all Lots which have construction existing or approved thereon exceed the
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amount of impervious surfaces equal to the total of all lots which is 50,000 square feet. This allotted
amount includes any built-upon area constructed within the property boundaries and that portion
of the right-of-way between the front lot line and the edge of the pavement. Built-upon area
includes but is not limited to structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas but does not include raised, open wood decking or the water surface of swimming
pools.
These covenants are intended to ensure the ongoing compliance with State Stormwater
Management Permit Number SW8050417 dated June 27, 2005, as issued by the Division of Water
Quality under NCAC 2H.1000. The State of North Carolina is made a beneficiary of these
covenants to the extent necessary to maintain compliance with the storm water management permit.
Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State. These covenants are to run with the land and be binding on all persons and
parties claiming under them. The covenants pertaining to stormwater may not be altered or
rescinded without the express written consent of the State of North Carolina, Division of Water
Quality.
Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons. Each Lot
will maintain a 30' wide buffer between all impervious areas and surface waters. All roof drains
shall terminate at least 30' from the mean high water mark-of surface waters.
In addition to plan approval, the Architectural Control Committee must approve the
contractor selected by the owner of each Lot. A contractor shall be approved if the contractor has an
appropriate North Carolina general contractor's license in good standing, is of good financial
standing, has a good reputation in the community and has constructed to the satisfaction of the
owner of property comparable structures on a regular and routine basis.
Any owner of any Lot disagreeing with the finding of the Architectural Control Committee
may appeal the decision to the Board of Directors of the Association by giving written notice of
appeal to the President of the Association within fifteen (15) days following receipt- of notice of
denial. The Board of Directors of the Association shall then review the plans, giving the Chairman
of the Architectural Control Committee the opportunity to present to the Board of Directors of the
Association specific reasons why the plans were denied, in the presence of the owner of the lot or
his agent, and the owner of the Lot or his agent may present information challenging the findings of
the Architectural Control Committee. The decision of the architectural Control Committee shall
only be overridden by unanimous vote of the Board of Directors of the Association.
All notices required to be given herein shall be given in writing, hand-delivered or mailed
postage prepaid, return receipt requested, and the Architectural Control Committee shall be
obligated to specify the particular grounds upon which denial of any application is founded. One set
of plans, denoted as approved (or approved with specified conditions)shall be retained by the
Architectural Control Committee and the other shall be returned to the applicant.
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The Architectural Control Committee shall have the right to issue rules and regulations
governing the maintenance of construction sites and the procedures to be followed by contractors
and owners of lots during construction periods.
6. WETLANDS. The areas shown on the recorded plat entitled , dated
and recorded in Book , Page in the New Hanover County Register
of Deeds 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, bum, 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 200500689, 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.
7. ASSOCIATION. The owner or owners of every Lot shall be a voting member of the
Association. However, only one vote shall be allowed per Lot; to the extent that there is more than
one owner of any one Lot, said owners shall determine among themselves, and designate, one voting
member, which voting member shall cast the vote allocated to said Lot. If the owners cannot agree
among themselves, the board of Directors of the Association shall determine and designate a voting
member from among the owners of the Lot. The Association shall be governed by a Board of
Directors, selected in accordance with the By-Laws of the Association, and the Association shall
operate and do business in accordance with the terms of its By-Laws, see attached Exhibit "A".
The Association shall have the responsibility of maintaining in good condition all streets
within the Subdivision and to maintain in good, working condition all street lights or area lights
constructed within the Subdivision and constructed for common benefit, to the extent such street
lights or area lights are not. owned and/or maintained by a public utility. The Association shall
further have the responsibility of maintaining a sightly appearance along all street rights of way and
utility easements, to the extent that the same are utilized for common ingress and egress or benefit.
The Association shall have the responsibility of maintaining in good condition all common
areas, and shall be responsible for adopting rules and regulations governing utilization of such
common areas. The Association. shall be obligated to accept ownership of all common area
designated on any recorded subdivision plat the properties of which are made subject to the
provisions of this Declaration. To the extent necessary, the Associating may employ personnel
necessary to perform its obligations, or needed to benefit the owners of Lots within the Subdivision.
The Association shall have the obligation to provide for itself and for the benefit of the
owner of each Lot all necessary professional services to promote the proper maintenance of all
streets and other common areas and to provide the smooth, proper and legal administration of the
Association. These services may include services of an engineer, lawyer, accountant or other
professional. The Association is specifically authorized to provide such other incidental services for
the benefit of the Subdivision and in the management of the Association as deemed reasonably
necessary by the Board of Directors of the Association. The Association shall also have an
affirmative obligation to maintain all roads and other common elements in good condition, utilizing
its funds so to do, notwithstanding the utilization of such facilities by any or all Lot owners.
The Association shall have the optional authority to provide any service to the Lots it
believes desirable, including, but not limited to cable television, waste collection or utility service.
such services may be provided by the Association directly, by a subsidiary owned by the
Association or by contract with a third party. Assessments may be collected to pay for the provision
of such services.
s
The Board of Directors of the Association may maintain a capital reserve fund for street
replacement and maintenance if deemed necessary by said Association, but shall be under no
obligation so to do if, in the reasonable opinion of the Board of Directors of the Association, annual
maintenance of streets and other common area is sufficient to make unlikely significant and
unexpected expenditures within a five year period for the due date of the current regular assessment.
Reserve funds of other common element need not be maintained if the Board of Directors of the
Association determines that annual maintenance expenditures will be sufficient to make unlikely
large expenditure for replacement in a single year.
In order to fund its obligations, the owner of every Lot is obligated and bound, whether or
not expressly stated in any instrument of conveyance, to pay to the Association the following:
(a) annual charges or dues; and
(b) special assessments.
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All such assessments, charges, and dues, together with any interest thereon, shall be a charge
on the land and shall be a continuing lien upon the Lot against which such. assessments are made.
Liens shall be perfected in the manner of mechanics or materialmen's lien under North Carolina
General Statutes, and any lien for dues unpaid shall be filed within nine (9) months after the due
date of the payment of such assessment. The due date shall be the first day of the fiscal year of the
association, as to annual dues; and the date established for payment of a special assessment, as more
fully set out hereinafter. Any such lien may be enforced in the manner of a deed of trust with power
of sale, as allowed by North Carolina General Statutes, through a foreclosure proceeding. This
instrument shall be deemed to give to the President of the Association said power of sale.
Annual assessments shall be in an amount determined by a majority vote of the Directors of
the Association. The fiscal year of the Association shall be the calendar year; dues for the first year
of the Association, prorated by date of closing, shall be payable to the Association at closing.
Declarant shall pay dues for all unsold Lots beginning on the first day of the month following the
first conveyance of a Lot to a third party by Declarant. Beginning with APRIL 1 of the year
following issuance of a building permit for construction of a home on a Lot, the dues for each such
Lot for which a building permit for construction of a home has been issued shall be twice the then
determined assessment for each unimproved Lot. No amendment to these protective Covenants,
unless approved by Declarant and all owners of Lots within the Subdivision, shall alter the ratio of
dues paid by the owner of an unimproved Lot compared to the dues paid by an owner of an
improved Lot.
A special assessment may be levied from time to time by vote of a minimum of 70% of the
total votes cast in any regular or special meeting, called in accordance with the By-Laws. A special
assessment may be made for any purpose for which expenditures are allowed in accordance with
this Declaration. The resolution approving a special assessment shall specify the date payable.
Notwithstanding any provisions of these Protective Covenants, including this Paragraph 7,
the Board of Directors shall have authority to levy any special assessment if, in the sole discretion of
said Directors, the assessment is reasonably required to protect properties impacted in case of an
emergency, such as a storm causing sever erosion. In such event; the Directors shall give written
notice to the members so affected as promptly as possible after the determination of said assessment
and the action shall be binding as though ratified by the requisite vote of the owners of Lots.
8. ENFORCEMENT. These Protective Covenants, including any amendment hereto, may
be enforced by any individual Lot owner; by the Association, upon action by its Board of Directors;
or by Declarant, as long as Declarant owns any Lot within the Subdivision. Appropriate remedies
shall include, but are not limited to, specific performance. In any action to enforce these Protective
Covenants, including any action to collect assessments, either regular or special, or to foreclose
upon any real property for payment of such assessment, all costs associated with said collection,
including court costs and reasonable attorney's fees, shall be collected as an additional assessment.
In addition, interest at the rate of twelve percent (12%) per annum shall be collected from the due
date of any assessment, until the assessment is paid in full.
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The State of North Carolina is given specific authority to enforce these covenants to the
extent necessary to cause compliance with the impervious surface limitation of the North Carolina
coastal storm water regulations, and the State of North Carolina is specifically granted authority to
enforce these Protective Covenants for such purpose, with remedies available to the Sate of North
Carolina including, but not limited to, the remedy of specific performance.
9. SETBACKS. All setback and building restriction areas, and allowable building area, as
shown on the recorded subdivision plat of the Subdivision, shall be incorporated herein by
reference.
10. AMENDMENTS. These Protective Covenants shall continue in full force and effect
until 12:00 noon on APRIL 1, 2009, at which time it shall automatically extend for additional
successive periods of ten (10) years, unless a document terminating or modifying these Protective
Covenants, is recorded prior to any renewal date in the office of the Register of Deeds of New
Hanover County, which amendment shall require approval of sixty-seven percent (67%) of the Lots
subjected to these Protective Covenants (including any amendments hereto).
Paragraph 6 of this Declaration," entitled Wetlands, cannot be amended without the express
written consent of the U.S. Army Corps of Engineers, Wilmington District.
11. BINDING EFFECT. All covenants, restrictions, reservations, easements and privileges
contained herein shall run with the land and the grantee, by accepting any deed to any portion of
such land described herein, accepts the same subject to these Protective Covenants and its terms and
conditions and agrees for himself, his heirs, successors and assigns, to be fully bound by each and all
of the terms and conditions of these Protective Covenants, jointly, separately, and severally.
12. RESERVATION OF RIGHTS. Declarant hereby reserves the right to utilize all streets
and roads within the Subdivision for purposes of ingress and egress to Lots within such Subdivision
owned by it, or for purposes of providing access to other contiguous properties owned by it. This
right shall be assignable by Declarant to successors in interest to it of other contiguous properties.
Any utility easements reserved as shown on any recorded plat (and all roadways shall be deemed for
this purpose a utility easement) shall be available for utilization by Declarant, authorized utility
companies, or by the owner of any Lot within BAILEYWICK ON THE POINTE, for purposes of
providing utility services or necessary drainage, but only upon approval of the Association given by
its Board of Directors.
13. RESUBDIVISION. No resubdivision of any single Lot shall be allowed, if any
resulting Lot will be smaller in size than any of the Lots resubdivided, prior to resubdivision.
Nothing contained herein shall prohibit conveyance of more than one Lot, or portions of contiguous
Lots, as long as the resulting Lot or Lots are greater in size than those originally subdivided. The
deed o f conveyance of any such resubdivided or recombined Lots shall restrict the construction
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thereon to one single family residential home per redivided Lot, so that the maximum number of
homes which can be constructed within the Subdivision shall not increase. Upon the recombination
of any Lots to reduce the total number of allowable building Lots within the Subdivision, for
purposes of member ship in the Association and for purposes of the payment of dues and
assessments, any recombined Lots shall be considered a single Lot. Furthermore, should any Lot be
determined by Declarant to be unbuildable, and should such Lot then be deeded to the Association
as common area, or dedicated by Declarant as a recreation or open space area for the benefit of the
Association, all by document duly recorded in the office of the Register of Deeds of New Hanover
County, there shall get no further dues owed form the date of such recordation; however, any dues
prepaid shall not be reimbursed.
14. UTILITY EASEMENTS. There is hereby reserved for the benefit of the Association
and the owner of each Lot within the Subdivision a utility, drainage and maintenance easement
running parallel to each street a width of 10 feet, and parallel to each side and rear Lot line a width
of five feet and adjacent to any body of water (whether natural or manmade) a width of ten feet.
Utilization of such easement by anyone other than the Lot owner across which such easement runs
shall be made only upon approval of the Board of Directors of the Association. In addition to the
above named easements, all lots will be subject to the easement granted Cape Fear Utilities
Company, the provider of water to the development.
15. MINOR AMENDMENT. Declarant, or its successor or assign, shall be allowed to
amend these Protective Covenants, notwithstanding any other provision contained herein, and
without joinder of any other party, for the purpose of correcting any discovered error contained
herein, clarifying any ambiguity contained herein, or adding or deleting any incidental provisions
deemed in the sole discretion of Declarant to be in the best interest of the Subdivision, and the
owner therein. This right may be exercised, and shall be effective, only upon the recordation of a
"Corrected Declaration" in the office of the Register of Deeds of New Hanover County, which
Corrected Declaration shall specifically reference this document, and the provision impacted.
16. RULES. The Board of Directors may from time to time establish rules for use. of any
property within the Subdivision in order to protect the value of Lots, the aesthetic qualities of the
Subdivision and the tranquility of the owners of Lots. Said rules may include, but are not limited to,
reasonable restrictions on pets, rental use of homes, and parking of cars, trailer, boats, campers and
other vehicles on Lots and streets. All such rules shall be effective after written notice of adoption is
mailed to the record owners of all Lots. All such rules shall be enforceable as though set out within
these Protective Covenants.
17. FEES AND BONDS. The Board of Directors is specifically authorized, but is not
required, to charge application or processing fees for approval of plans, and to require the posting of
reasonable bonds or deposits prior to commencement of construction to protect the Association
against damage to streets or other common area or costs incurred in causing correction of any
construction or site work performed otherwise and in accordance with approved plans.
12
18. BOAT SLIPS. The Declarant will build ten boat slips for the development. The slips
will be know as boat slips 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 as designated on the plat of the
development. Each boat slip will be for the exclusive use of one lot owner as a limited common area
for that lot owner. The Homeowners Association shall be responsible for maintaining the boat slips
and bill the lot owners their prorate share of the maintenance. The plat will designate which slip
goes with each lot. The cost of the maintenance for each boat slip shall be the responsibility of the
lot owner who has the right to use that boat slip.
The rest of this page is intentionally left blank.
IN TESTIMONY WHEREOF, said parties have caused this instrument to be executed in
their corporate name by their corporate officers, and their corporate seals to be hereto affixed, all by
13
order of their Board of Directors first duly given, this the day and year first above written.
ECI CUSTOM HOMES, INC.
(SEAL)
BY: DOUGLAS S. MUHLE
STATE OF NORTH CAROLINA
COUNTY OF
1, , a Notary Public in and for the State and County
aforesaid, certify that DOUGLAS S. MUHLE personally came before me this day and
acknowledged that he is the President of ECI CUSTOM HOMES, INC., a North Carolina
corporation, and that by authority duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its President.
Witness my hand and official seal this day of ,2005.
Notary Public
(Notary Seal)
My Commission Expires:
14
JAN 04,2006 12:17A Tripp Engineering 9107635631 page 2
U'> U
f B? WAr?CR Michael F. Easley, Governor
P- W?iam G. Ross, Jr., Secretary
North Carolina De tent of Enviiamnent and Natural Resanow
a "< Alan W. Kknelt, RE. Director
Division of Water Quality
June 27, 2005 RFCFIVEI!
Mr. Thomas J. Tomlinson, Secretary
ECI Custom Homes, inc.
3300 Lake Woodard Drive
Raleigh, NC 27604 .
Subject: Stormwater Permit No. SW$ 050417
Saileywick at The Point
Low Density Subdivision with a Curb Outlet System
New Hanover County
Dear Mr. Tomlinson:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Bai-prick at The Point on June 24, 2005. Staff review of the and
spec'ications has detemaned ftrat the as proposed, will comply with t?Stormwater
Regulations set forth In Title 15A NCA2 .1000. We are forwarding Permit No. SM 050417,
dated June 27, 2005, for the construction of the subject project
This permit shall be,.09ctive from the date of Issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supersede any other agency
permit that may be inquired.
if an parts. requirements, or limitations cxmtasned in this permit are unacceptable, you have
the ht to reguest an adjeurd" ' Iory hearing upon written within thirty (30) days
colnfo receipt of this 1 m must be in the of a written petition,.
mnurg to Chapter 50B of the Carolina General Statutes, and fled with the Office of
Adminrstretive Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information c onceming this matter, please
contact either Paul Bartlett or me at [phone].
sin y, .
urface Water Ptnt?,'Won Section
ENB/ptb: S:1WQ§ISTORMWATERIPERMI7W50417
cc: Tripp sneering. P.C.
Ton 'New Hanover County Inspections
NC Distrit Engineer
Kent fiarrelt, P.E., City of Wilmington Development Services
Beth E: Wetherili, New Hanover County Engineering
Division of Coal Management
Paul T.-Bartlett, P.E.
Wilmington Regional Office
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12/2005 09:51
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ECI CONSTRUCTION INC
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STATE OF NORM CAROLINA
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NEW H4SNER COUNTY NORTH CAROIN4
THIS PUT S OF A SURVEY OF AN FOISTING PAROIL. Or LAND.
VERNON DERK DANFORD
N.C. FL5 NO. L,4528
CERTIFICATE Of OWNERSHIP. DEDICATION AND JURISDICTION:
I [Are) HERESY CERTIYTIATI NA*ARETHE OWNERS OFT E PROPERTY SHOWN AND
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WETLANDS CONSERVATION MAP FOR an(?ary !?, a?(p G. 13 ACRES
o DANFORD 2231 MIN G TON,N.C. 8403 DOUGLA5 100 0 50 100 200
WILMINGTON, N.C. 28403 MUHLF
B & BRISTOW PHONE[phone]
LAND SURVEYING, P.C. FAX [phone] FOR FUTURE SUBDIVISION TO BE KNOWN AS BAIL.EYWICK (A.K.A. PAGES LANDING) I INCH = 100 FEET
HARNETT TOWNSHIP NEW HANOVER COUNTY, N.C. © DANFORDEBR15TOWLAND 5URV"NG,PCDECEMBER 2005
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404 WETLANDS
LINE BEARING LENGTH
L50 N072230W 17.66
L51 N72 '03 E 11.85
L52 N59°1043W 40.46
L53 N313907W 20.15
L54 N39 5355W $4.70
L55 N18°I0'16W 41.47
L56 NOB 25'19W 30.53
L57 N794528W 17.33
L56 532°52'30'W 11.01
L59 N00°08'02W 30.45
L60 N33 36'56W 22.70
161 NI6°1713'W 17.32
L62 N3654'1 9W 19.45
L63 N2.9'1 0'03W 16.41
L64 N442935W 15.12
LG5 N473008E 14.22
L66 N4736'50'E 21.99
L67 NG5°16'23'E 10.77
L66 540311207E 26.09
L69 568 2206W 22.15
L70 503°5958'E 16.71
L71 508°IO'13'E 20.63
L72 531 *5130E 31.00
L73 528 4131E 27.12
L74 538°1805'E 26.72
L75 572 4204E 19.66
L76 N74°19'57E 24.39
L77 N72°15'13E 16.65
L76 NG4°4203'E 20.45
L79 N652228E 25.73
L88 N194007E 4.30
L69 N095532' 10.02
L90 569 2607W 21.26
L91 N883222W 20.34
L92 N84 5428W 25.39
L63 N74°1300W 19.81
L94 5045056E 25.16
L95 504°1406W 26.62
L96 53151114E 29.16
L97 578 39207E 33.32
L96 53244'16E 34.13
L99 500 08136E 19.57
L100 539°2530E 31.77
1101 N3304'IOE 29.66
L102 N06°I 147'W 17.91
L103 N35 3237E 13.95
L104 5684029E 22.40
L105 N400754E 16.19
L106 N362027W 19.24
L107 N153449E 18.11
L106 N45°193LE 21.35
L109 5GI0405E 25.11
L110 544 2303W 17.11
L111 504°4931E 30.52
1112 54305'56T 16.56
LI13 546°15'57W 62.94
KA and
DANFORD
& BRISTOW
LAND SURVEYING, P.C.
2291 WRIGHTSVILLE AVENUE
WILMINGTON, N.C. 28403
PHONE [phone]
FAX [phone]
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WETLANDS CONSERVATION MAP FOR
DOUGLAS MUHLE
FOR FUTURE 5UBDIV1510N TO BE KNOWN A5 BAILEYWICK (A.K.A. PAGE5 LANDING)
HARNETT TOWN5HIP NEW HANOVER COUNTY, N.C.
LOCATION MAP
NOT TO 5CALE
s?}'1
PAGE 2 OF 2
G.13 ACRE5
100 0 50 100 200
I INCH= 100 FEET
Q DANFORD 4 BRI5TOW LAND 5URVEMG, PC DECEMBER 2005
2 0 0 5 1 8 9 1
Soutkern Environmental Cjroup, Inc.
5315 S- College Ra. Suite E_ - Wilmington, North Carolina 28+12
910.+52-2711 - rax: 910.452.2899 -
www.5Cg.u5
October 6, 2005
Ms. Cynthia Karoly
Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604
RE: Baileywick at Pages Creek SEGi Project #: 05469 Q
New Hanover, North Carolina
PCN for NWP-18
Dear Ms. Karoly:
This letter is in reference to a property managed by Douglas Muhle in New Hanover County,
North Carolina and the proposed wetland impacts for completion of two detention ponds
required by the North Carolina Division of Water Quality.
My client is proposing 0.10 acre of 404 wetland impacts. To ensure no material leaves the site
and has the potential to impact any off site wetlands, minimization of additional impacts to 404
wetlands will be accomplished by utilization of "Best Management Practices" during construction
of the subdivision.
Enclosed you will find a copy of the Wetland Determination Information Package, the PCN for a
NWP-18, the Site, Grading, Drainage, Erosion Control, Stormwater Management and Utility
Plan, zoom view and profile view of impact areas, vicinity maps (2 scales), aerial photograph,
Notification of Jurisdictional Determination, signed Boundary & 404 Wetlands Survey.
At this time we are requesting your review the attached Pre-Construction Notification. Thank
you in advance for your assistance. Please contact me if you should have any questions or
comments.
Sincerely,
Dana Lutheran
ulg@[Runq
I
O C T 1 2 2005
DENR - WA-ER QUALITY
VVETLARSMD STORMWATER SkWH
2 0 0 5 1 8 9 1
5outkern ?,nvironmentalC
roup, Inc.
5315 College Road Suite E- . Wilmington, Nortk Carolina 28412
910.452.271 1 . Fax: [phone] - [e-mail]
www.segi.us
Wetland Determination Information Package
Project Name: j la,Y Lo i CV- @ p s SEGi Project #: 05-004.01
Owner: Damian Brezinkski Applicant Douglas Muhle
286 Sea Watch Way. (If different 3300 Woodard Rd.
Kure Beach, NC 28449 from Owner): Raleigh, NC 27604
[phone]
Project Site: Tract 2 Batson Division, Dunbar Rd.
Wilmington, North Carolina
Parcel ID: R04500-001-004-000, R04500-001-010-000
Project Size: 5.36 Acres 233,482 Square Feet
Subdivision Name: N/A
Block and Lot #: N/A
Directions to Site: Follow Market St. North. Turn right onto Middle Sound Loop Rd.
Follow Middle Sound to Dunbar Rd. Take a left. Follow Dunbar Rd.
approximately one half mile. Take left on gravel road. The tract includes
the wooded area to the left of the gravel road and the headland portion at
the end of the gravel road.
Nearest Water Body: Pages Creek
Watershed: Cape Fear
Lat / Long N34.2772° W77.7839°
USGS Quad Name: Scotts Hill
Wetland Acreage: 0.79± Jurisdictional N/A Isolated
Attached Maps:
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. _ 2 (l n 5 R g
(11 any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I.
H.
Processing
1. Check all of the approval(s) requested for this project:
Cif' Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ET'
Applicant Information #?@iw
1. Owner/Applicant Information
?
Name: Douglas Muhle !?C r 1 2 20 0
Mailing Address: 300 Lake Woodward Drive hz- 0s, R-WAt O?
Raleigh,. NC 27604 avosrQUAC?ry
Telephone Number: 919.250.9256 Fax Number: Not Applicable 7R8&%Cy
E-mail Address: Not Applicable
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: Dana Lutheran
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 South College Rd., Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutherannsegi.us
Pagel of 8
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: Baileywick at Pages Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): R04500-001-004-000. R04500-001-010-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
Follow Market Street North. Turn right on Middle Sound Loop Rd Follow Middle
Sound Loop Road approximately one half mile. Take left on gravel road The tract
includes the wooded area to the left of the gravel road and the headland portion at the
end of the gravel road.
5. Site coordinates, if available (UTM or Lat/Long): Approx. N34.27721 W77.78390
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 5.36±
7. Nearest body of water (stream/river/sound/ocean/lake): Pages Creek (Classified - HOWL
8. River Basin: -Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at 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:
Page 2 of 8
The site currently is undeveloped and vegetated, other than the one structure found at
the headland portion of the tract. There is residential development surrounding the
project site.
10. Describe the overall project in detail, including the type of equipment to be used:
Heave machinery including bulldozers and other equipment will be used to grade and
install improvements to create a an access road and stormwateratetention ponds on the
subject parcel.
11. Explain the purpose of the proposed work:
Detention ponds are required by the DWO for stormwater runoff.
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.
Jurisdictional Determination and accompanying signed map are included with this permit
application. (USACE Action ID #: 200500689)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 3 of 8
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts:
Area A: Due to stormwater requirements, a finger berm must be present on Lot 7. This
berm will cause impacts to the wetland area labeled A on the map, therefore the applicant
would like to fill this area and also provide a larger area to place a residential dwelling.
Area B: Due to stormwater requirements, fill and excavation will take place for
construction of detention pond.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
A Fill 0.05 Yes Not Applicable wet flat
B Fill 0.05 No Not Applicable wet flat

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,
or online at littp://wnw.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.79-+acres
Total area of wetland impact proposed: 0.10± acres ( 4,263-+ square feet )
3. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:Not Applicable
Open Water Impact
Site Number

indicate on ma
Type of Impact* Area of
impact

acres
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): excacation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater detention pond
Size of watershed draining to pond: Not Applicable
Expected pond surface area: _ Not Applicable
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed excavation is necessary to allow construction of two detention ponds
required by the DWO for stormwater runoff. The sites of the ponds have been selected in
order to minimize impacts to wetlands, while allowing the applicant to utilize the
remaining property for residential dwellings.
Page 5 of 8
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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic 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.
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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed with this project.
Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Page 6 of 8
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Amount of Non-riparian wetland mitigation requested (acres): 0.10 acre
Amount of Coastal wetland mitigation requested (acres):Not applicable.
1. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No R
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)?
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 ?
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 ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No 0 If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers. Required
Zone* hnpact
(square feet Multiplier
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Stormwater permits have been applied for through Trion Engineering Impervious surface
area will be within the state and local thresholds.
XI. 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.
Municipal sewer service is available for the subject parcel.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?x
Is this an after-the-fact permit application?
Yes ? No n
XII. 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).
6?6/"? ac?5
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
1/

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CURVE DATA TABLE
CURVE LENGTH RADIUS
Cl 142.0C 300.00
GENERAL NOTES:
1. ZONING D511UCT: R-20
2. WATER SERVICED BY INDh WL WELLS.
3. SEWER SERVICE BY NEW FIANDl6k COUNTYY___ _.(INSfANED)
4. ? DNCELI?WT SOUTHERN ENVNOLDIENIAI.
5. COASTAL WETLANDS DELINEATED BY DEBBIE WILSON
WITH NEW HAOVER COUNTY.
6. NO REGULATED TREES IN PROPOSED RIGHT OF WAYS.
7. ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH THE
NEW K04OVER COUNTY ZONING ORDINANCE AND
SUBDIVISION REGULATIONS.
B. SOURCE OF VER71CAA. DATUM IS REFERENCED TO NGVD-29.
9. OPEN SPACE WILL BE DEDICATED TO THE H.OA. AND
MAINTAINED BY THE H.O-A
10. STREET BE 22 FEET BACK TO BACK WITH CURBING.
11. ALL LOTS SUBJECT TO R-20 MINIMUM SETBACKS.
12. SOIL TYPES: LEON, STALLING, CRAVEN
NCDOT NOTES:
1. ALL ROADS SHALL BE PUBLIC AND BUILT TO NCDOT
STANDARDS.
2. THERE SHALL BE NO ENCUMBERANCES WITHIN THE
NCDOT PUBLIC RIGHT OF WAY.
3. STREETS TO BE BUILT ONLY WITH NCDOT APPROVED
MATERIALS.
SITE DATA
TOTAL AREA 6.13 ACRES
ADDRESS DURBAR ROAD
3
T PARCEL NUMBERS R0
45OG-OGI-001-000
RD 4500-001-010-OW
AC.t19 UWIS/AC.)
TOTAL 11.65 ALLOWABLE
DISTURB REAL 1
68 ACRES
PROPOSED SINGLE FAMILY LOTS 9
AVERAGE L07S SIZE 24.0653 SF
ASPHALT AREA 17,361 SF
RED. RECREATIONAL AREA (9a0.OSAC.) 0.27 AL.
(0.135 AC. ACTIVE AND 0.135 AC. PASSIVE)
PROVIDED RECREATIONAL AREA 0.40 AC. TOTAL
LEGEND
----32---- EXISTING CONTOUR
EXISTING SPOT ELEVATION
° PROPOSED SPOT ELEVATION
DROP NIEf w/NLET PROTECTION
STORMWATER RUNOFF OREC710N
'1 CONCRETE AREA
(175 LANDSCAPING W/AREA
s? LIMITS OF DISTURBANCE
- X TSF X - TEMPORARY SILT FENCE
WEIEAND AREA QC
WETIAND AREA TO BE FILLED
OWNER INFORMATION;
DOUGLAS HUHLE
300 LAKE WOODARD DRIVE
RALEIGH, NC 27604

REVISIONS
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500689 County: New Hanover U.S.G.S. Quad: Scotts Hill D ECEOVE?
NOTIFICATION OF JURISDICTIONAL DETERMINATION -
Property Owner/Agent: Damian Brezinski
Address: 286 Sea Watch Way
Kure Beach, NC 28449
Telephone No.:
Property description:
Size (acres) 6.25 Nearest Town Wilmington
Nearest Waterway Pages Creek River Basin AICWW
USGS HUC 03030001 Coordinates N 34.2772 W 77.7839
Location description The tract is located along the northern side of Dunbar Road off Middle Sound Loop Road in
wetlands adiacent to Pages Creek, northeast of Wilmington, New Hanover Co. North Carolina
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be 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).
X There are Navigable Waters of the United States within the above described property subject to the permit requirements 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 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 may be
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 our
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 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 CWA 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 wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 6/23/2005. 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.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). 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 The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Page 1 of 2
4MNONDERMDWORD,CIRMTHATTNI5PRMKrYWAS5WMWPN WDRAWNIAMM'S11PWEf CERTIFICATE FORTH[ US. CORPS OrENGNMR5. 4e
DE5MF ION A5511pWN ON THE PAC[ OFTIN5 PUT, RATIO OF FEC1510N A5 UUUATtD BY 001411=
51:10,000T,THAT W13OUICARO NDT 5'JR/MARESIIDWN BY BROMLIN15110TV FROM THIS CERTIFIES THATTNIS COPTOFTNI9 MT ACGIRAInYDMCM THE e0UNDaRl
INFOP.IAATION RIPER W&. TIT THIS FLAT WASPRLPBRLD IN ALCORDANaWTH MT 5TNDIRD5 OF OF THEJURI5I)MON OF SECTION 404 OF THE IMM WATERACR PUR5UANT TO THE
PWiCD[a:F?UND,riURYLYRY,INIH)RIB G1000µ4`, WTDIC55 A{LORDMIISX 'A1URP, l'SQSURP 1987MANUAIASOERRMINEDBYTHEIINDCR5W,=ONTHISDATE. UNU55TH CIS LEGEND
A CHANGE IN THE LAW OR OURFLOUSHED REG LATTONS, TH15 DETERMINATION OF SECTION
NUMBER AND5FPLTHIS 24TH DAYOP MAY AD. 20M 464 JUR150ICRION MAY BE REUED UPON FOR A RRNp Or FIVE MAR5 FROM THIS DATE. 0-SET IRON FIFrA=
f -IXLST. IRON MPDRDO
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SURVEY REFERENCE I
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NW BOOK36 PAGE 299A
OECD 500K 2151 PAGE 0062
DIEM BOOK 1588 PAGE 0513
I
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1 1 ATe or 51GNA URE 1 1 1 / 1 1
I I 1 ]ooSOObBy I I I I - ____ - ' ` -L '1
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SEVEN OAKS DRIVE` -----------
? - - - - ---- \\ /
II I ----- _\Y
I
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JAMES R.BAKE 1 I EUGENE BLAKE, JR. I EU?BL
P?CFS C
DB 15166 KE, X a
4 RUTH M. PG 0721 8 I E LYNN M. BLAKE I DO 3157 PG 955 ° iCy
i DB 22591 G 0067 a W r ? /?`
JAMES 4 BARBARA JEFFREY5
j 013 2476 PG 320
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HARNETTTOWN51-1IP NEW HANOVFRCOUNTY, N.C.
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HOWECIW
LOCATION MAP
NOT TO 501E
16,19
I L63 1 N29'lOD3W 1 16.41 I
MAY 24, 2005 TOTAL: 267,187 5q. R.±
6.13 acre5t
50 0 25 50 100
I INCH - 50 FEET
p sowwo?arnsic,rc u+rmw
INVIAND5
Ullf BfAPJNG LENGM LINE BGWNG LEN67N LINE 13EAPJNG :ENGTH
LI 14 537'4936W 6.14 LI29 N61.36'22'W 26.42 L146 525.1555T 15.32
L115 536'384074 22055 L130 N41'3L54W 2539 L147 522'26'19T 33.94
LI16 5760959W 23.68 L131 N31'5532W 21.31 L146 517.32'16T 27.73
1117 N573337W 31.93 L132 N66-5919W 21.61 L149 519'54'484 16.96
LI 16 N615420W 15.04 L133 N60'39I24 15.23 LI50 536.16'114 28.97
L119 N09201"W 14,59 L134 N6632'21W 29.01 LIST 572.4704T 19.97
020 µ2159'19T 1939 L135 µ61.2107W 14.36 L152 N74'4525E 22.64
L121 µ05'16'53T 24.36 L13G 579'55O7W 9.42 1153 NG00552T 1s714
1122 N14'I&53W 16.55 L137 552*2633W 16.99 L154 N250223T 24.02
L123 N22.2032W 24.44 L136 361'4922W 19.32 L155 µ4710'20E 15.47
L124 N26'15O9W 21.14 L139 536.4153W 16.55 L156 578.4938T 29.90
1125 N54109'37W 26.78 L140 5373202W 24.57 L157 5720533E 26.39
026 N8l'13110'W 15.46 L141 535.3029'W 24.69 L156 557.17'36T 16.18
L 127 µ760645W 27.73 1142 542'0154W 22.86 L159 5209055,57 27.12
1126 N795531W 23.31 L143 531.4625W 16.53 L160 5175400E 22.29
L 144 52.'"2341W 20.27 L 161 532'15'43W 14.96
L145 51235'10'E 27.31 LJC2 546'16'23W 14.16
BOUNDARY # 404 WETLAND5 5URVEY FOR
DOUGLAS MUHLE
FOR FUTURE 5UBDIVt5ION TO BE KNOWN A5 BAILEYWICK (A.K.A. PAGE5 LANDING)
2 o n 5 1 8 9 1
5outkern Environmental Group, Inc.
5515 College RoaJ `juite F • Wilmington, Nortk Carolina 28412
910-+52-2711 • Fax: [phone] . [e-mail]
www.segi.us
Wetland Determination Information Package
Project Name: Wu W i CV- @ Po?dG Gvt.,L.L SEGi Project #: 05-004.01
Owner: Damian Brezinkski Applicant Douglas Muhle
286 Sea Watch Way. (if different 3300 Woodard Rd.
Kure Beach, NC 28449 from Owner): Raleigh, NC 27604
[phone]
Project Site: Tract 2 Batson Division, Dunbar Rd.
Wilmington, North Carolina
Parcel ID: R04500-001-004-000, R04500-001-0 10-000
Project Size: 5.36 Acres 233,482 Square Feet
Subdivision Name: N/A k R v R 0 M
`-' R D
Block and Lot M N/A 0 C T 1 2 2005
Directions to Site: Follow Market St. North. Turn right onto Middle Sound Loop Rd. DENR - WATER QUALITY
Follow Middle Sound to Dunbar Rd. Take a left. Follow Dunbar Rd. WETLANDS AND STORMWATER BRANCH
approximately one half mile. Take left on gravel road. The tract includes
the wooded area to the left of the gravel road and the headland portion at
the end of the gravel road.
Nearest Water Body: Pages Creek -
Watershed: Cape Fear
Lat / Long N34.2772° W77.7839°
USGS Quad Name: Scotts Hill
Wetland Acreage: 0.79± Jurisdictional N/A
Isolated
Attached Maps:
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. _ 2 0 0 5 1 8 9 1
(If any particular item is not applicable to this nroiect. please enter "Not Annlicable" or "N/A"-)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
Q" Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: Rr
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4),
and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: Fr
Applicant Information
1. Owner/Applicant Information D ?????LSn
Name: Douglas Muhle
Mailing Address: 300 Lake Woodward Drive T 2.2005
Raleigh, NC 27604 DENR WATER
WEi1AN QUALITY
Telephone Number: 919.250.9256 Fax Number: Not A? ??41wATER BRUCH
E-mail Address: Not Applicable
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: Dana Lutheran
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 South College Rd., Suite E
Wilmington, North Carolina 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutheran&segi.us
Page 1 of 8
IIl. 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: Baileywick at Pages Creek
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): R04500-001-004-000, R04500-001-010-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
Follow Market Street North. Turn right on Middle Sound Loop Rd. Follow Middle
Sound Loop Road approximately one half mile. Take left on gravel road The tract
includes the wooded area to the left of the gravel road and the headland portion at the
end of the gravel road.
5. Site coordinates, if available (UTM or Lat/Long): Approx. N34.27721 W77.78390
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 5.36±
7. Nearest body of water (stream/river/sound/ocean/lake): Pages Creek (Classified - HOWL
River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at 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:
Page 2 of 8
The site currently is undeveloped and vegetated, other than the one structure found at
the headland portion of the tract. There is residential development surrounding the
project site.
10. Describe the overall project in detail, including the type of equipment to be used:
Heave machinery including bulldozers and other equipment will be used to grade and
install improvements to create a an access road and stormwater detention ponds on the
subject parcel.
11. Explain the purpose of the proposed work:
Detention ponds are required by the DWO for stormwater runoff.
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.
Jurisdictional Determination and accompanying signed map are included with this permit
application. (USACE Action ID #: 200500689
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 3 of 8
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:
Area A: Due to stormwater requirements, a finger berm must be present on Lot 7. This
berm will cause impacts to the wetland area labeled A on the map, therefore the applicant
would like to fill this area and also provide a larger area to place a residential dwelling.
Area B: Due to stormwater requirements, fill and excavation will take place for
construction of detention pond.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
A Fill 0.05 Yes Not Applicable wet flat
B Fill 0.05 No Not Applicable wet flat

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616,
or online at http://xvww.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.79± acres
Total area of wetland impact proposed: 0.10± acres ( 4,263± square feet)
3. Individually list all intermittent and perennial stream impacts below: Not Applicable.
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

x List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: Not Applicable.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.) below:Not Applicable
Open Water Impact
Site Number

indicate on ma
Type of Impact* Area of
impact

acres
Name of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary, sound,
bay, ocean, etc.

List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): 0 uplands ? stream R wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): ezcacation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): stormwater detention pond
Size of watershed draining to pond: Not Applicable
Expected pond surface area: Not Applicable
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed excavation is necessary to allow construction of two detention ponds
required by the DWO for stormwater runoff. The sites of the ponds have been selected in
order to minimize impacts to wetlands, while allowing the applicant to utilize the
remaining property for residential dwellings.
Page 5 of 8
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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic 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.
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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/newetlands/stnngide.htmi.
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.
No mitigation is proposed with this project.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at htip://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):Not applicable.
Amount of buffer mitigation requested (square feet):Not applicable.
Page 6 of 8
Amount of Riparian wetland mitigation requested (acres):Not applicable.
Amount of Non-riparian wetland mitigation requested (acres): 0.10 acre
Amount of Coastal wetland mitigation requested (acres):Not applicable.
1. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No R-1
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)?
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 ?
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 ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? . No ?x If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers. Required
Zone* hnpact
(square feet Multiplier
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
Stormwater permits have been applied for through Tripp Engineering Impervious surface
area will be within the state and local thresholds.
XI. 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.
Municipal sewer service is available for the subject parcel.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No N
Is this an after-the-fact permit application?
Yes ? No
XH. 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).
1-11
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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AC. IN PROPERTY
1 1
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CURVE DATA TABLE
OURVE LENGTH PAOUS
C1 142.IX? 300.00
GENERAL NOTES:
1. ZONING DISTRICT: R-20
2. WATER SERVICED BY INDIVIDUAL WELLS.
3. SEWER SERVICE 81 NEW HANOVER COUNIY____.(INSfAUED)
4. WETLANDS DELINEATED BY SOUTHERN ENVIRONMENTAL
GROUP, INC. WILMINGTON. NC
5. COASTAL WETLANDS DELINEATED BY DEBBIE WILSON
WITH NEW FVO40VER COUNTY.
8. NO REGULATED TREES N PROPOSED RIGHT OF WAYS.
7. ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH THE
NEW HANOVER COUNTY ZONING ORDINANCE AND
SUBDIVISION REGULATIONS.
8. SOURCE OF VERTICAL DATUM IS REFERENCED TO NGYD-29.
9. OPEN SPACE WILL BE DEDICATED TO THE H.OA AND
MAINTAINED BY THE H.OA.
10. STREET BE 22 FEET BACK TO BACK WITH CURBING.
11. ALL LOTS SUBJECT TO R-20 MINIMUM SETBACKS.
12. SOIL TYPES: LEON, STALUNG. CRAVEN
NCDOT NOTES:
1. ALL ROADS SHALL BE PUBLIC AND BUILT TO NCDOT
STANDARDS.
2. THERE SHALL BE NO ENCUMBEfANCES WITHIN THE
NCDOT PUBLIC NIGHT OF WAY.
3. STREETS TO BE BUILT ONLY WITH NCDOT APPROVED
MATERIALS. _
SITE DATA
TOTAL AREA 6.13 ACRES
ADDRESS 7431 DUNBAR ROAD
TAX PARCEL NUMBERS AO 4500-001-004-ODO
RD 4500-001-0IG-000
TOTAL A1RFA 6.13 AC. 1.9 UNITS/AA)
L 11.65 ALLOWABLE
067
RND 5.68 ACRES
PROPOSED SINGLE FAMILY LOTS 9
AVERAGE LOTS SIZE 24,0651 SF
ASPHALT AREA 17.361 SF
REQ. RECREATIONAL AREA (9x0.0.W.) 0.27 AC.
(0.135 AA. ACTIVE AND 0.135 AC. PASSNE)
PROVIDED RECREATION& AREA 0.40 AC. TOTAL
LEGEND

EXISTING CONTOUR
----32----
Q0.° EXISTING SPOT ELEVATION
p PROPOSED SPOT ELEVATION
DROP INLET W/INLET PROTECTION
STORMWATER RUNOFF DIRECTION
4;:+
..` CONCRETE AREA
(175) LANDSCAPING w/AREA
-
- UMITS OF DISTURBANCE
7
- % C - TEMPORARY SILT FENCE
WEFIANO AREA Qe
D/Orn/ WETLAND AREA TO BE FILLED
OWNER INFORMATION:
DOUGLAS MUHLE
300 LAKE WOODARD DRIVE
REVISIONS
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'I ELEVATION 11.0'
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500689 County: New Hanover U.S.G.S. Quad: Scotts Hill D E EOVE
NOTIFICATION OF JURISDICTIONAL DETERMINATION -
Property Owner/Agent: Damian Brezinski
Address: 286 Sea Watch Way
Kure Beach, NC 28449
Telephone No.:
Property description:
Size (acres) 6.25 Nearest Town Wilmington
Nearest Waterway Pages Creek River Basin AICWW
USGS HUC 03030001 Coordinates N 34.2772 W 77.7839
Location description The tract is located along the northern side of Dunbar Road off Middle Sound Loop Road in
wetlands adiacent to Pages Creek, northeast of Wilmington New Hanover Co North Carolina
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be 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). '
X There are Navigable Waters of the United States within the above described property subject to the permit requirements 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 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 may be
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 our
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 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 CWA 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 wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 6/23/2005. 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.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). 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 The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Page 1 of 2
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4VBSOILDERfKDNPORO. (ERIIPf7HAT7H15PWPFRII'WA591RYPRDNIDMAPDRAWN UNDER Mt'5UFflM5gN: CERTIFICATE rORTHE U.S. CORPS OF ENGINEERS:
DP5C81FDON AS SHOWN ON THE FACE OfTH15 M; RATIO Of PRECISION AS GWCIAATED BYCOMMBI s F,
151:1000D+; THAT T11EBOUNDIWES NOT5URV= ARE SHOWN BYBRDKBI LINES PLOTTED FROM THIS CERTINE5 THATTH15 COFYOTTHIS FLAT ACCURATELY DEPICTS THE BOUNDARY yyyggy,
Y IMMTION RUERPNCED;; THAT THIS FIAT WAS FRfPARED IN ACCORDANCE WITH 'M STANDARDS OF OF THE JURISDICTION OF SECTION 404 W THE CLEAN WATER ACT PURSUANT TO THE 1 ?T^ -
1967MANUAL AS DETERMINED BY THE UNDERSIGNED ON THISDATE. UNLE55 THERE 15 LEGEND A °
PRACTICE FOR LAND 5UWMNG IN NORM CAROU IA'I WTTHESS MYORIGINAL%NATUM UCWUFE A CHANGE IN THE LAW OR OUR PU5Wnro REGULATIONS, THIS OMMNAT10N Or xaaN
NUMBER AND SEAL THIS 24TH DAYOf MAY A.D. 2005 404 JURISDICTION MAY BE REUED UPON FOR AFERIOD OF FM YEARS FROM THIS DATE O - SET IRON PIPFJKW
0 1005T. IRON PIPBRM J4
f1. ? OENRRUNF
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lU S.ARMY OFENGINCERS OFFICIAL - I 5
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N?528 I I DATE OF SIGNATURE II 1 I Y \1 I
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ST???? A BOUNDARY # 404 WETLANDS SURVEY FOR MAY 24, 2005 TOTAL: 267,187 sq. k.t
DOUGLAS M U H L E 6.13 acres±
LARD 5UitY$YINfi, P.C. so o zs w loo
:I:xmmxmce wlww?°x,?zeNl
FOR FUTURE 5UBDIV15ION TO BE KNOWN A5 BAILEYWICK (A.K.A. FAGES LANDING)
a y?cxenx. I INCH - 50 FEET
°"'I' • O°°°°'"''"°° HARNETT TOWNSHIF NEW HANOVER COUNTY, N.C.
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