20061270 Ver 1_USACE Correspondence_20070309

0~'T F
U.S. ARMY CORPS OF ENGINEERS o ~ _ ~ a'10
' WILMINGTON DISTRICT
Action ID. SAW-2006-40592-082 County: Sampson USGS Quad: Clinton North
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION ~ r ~~ ~ d
-,
Property Owner /Authorized Agent: City of Clinton `~~' ~ -~ ~'
Address: Attn: Mr. John F. Connet ~~°,~~""
227 Lisbon Street
Clinton, North Carolina 28328 ~ : , , :.
4l ',
ti na.,r , , uA ~':,;; r v~.1r,a ~yFtAPeCH
Telephone No.: 919-592-1961
Size and location of property (water body, road name/number, town, etc.): The 0.084 acre proiect area is located along
the west side of Butler Drive, between. Blount and E. Johnson Streets, in Cattail Branch, in the Citv of Clinton.
North Carolina.
Description of projects area and activity: After-the-fact authorization for the excavation of and discharge of fill
material into 163 linear feet of Cattail Branch, a perennial tributary to Mill Branch, for the purpose of eliminating
erosion/sedimentation problems and safety hazards..
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced, permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Jennifer Frye at 910-251-4923.
Corps Regulatory Official .~._--- Date: 02/26/2007
Expiration Date of Verification: 03/18/2007
Page 1 of 5

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.miUWETLANDS/index.html to
complete the survey online.
Copy Furnished:
Ms. Veronic Hanzel, EI, Inc., 2101 Gateway Centre, Suite 200, Morrisville, NC 27560
Mr. Ken Averitte, DENR-DWQ, FRO, 225 Green Street, Suite 714, Fayetteville, NC 28301-5043
Mr. Ryan Smith, KO Associates, 1011 Schaub Drive, Suite 202, Raleigh, NC 27606
Ms. Cyndi Karoly, DENR-DWQ, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604
Page 2 of 5

Action ID #SAW-2006-40592-082
SPECIAL CONDITIONS:
1) The 1671inear feet of on-site stream restoration will be completed as described in Appendix E.•
Mitigation Plan, of the Application Package for After-the Fact Permit under Nationwide Permit No. 39
(revised), dated February 2007. The permittee will complete all construction, vegetation plantings
and submit an As-built Survey to the Corps of Engineers in accordance with this plan by
December 31, 2007 and fully implement the specified monitoring plan in accordance with the
mitigation plan, permit conditions and success criteria. If any of the success criteria are not met after
three years, the permittee shall submit to the Corps a determination as to the corrective action to be
taken.
Annual monitoring reports will be provided to the Corps on or before January 31St of each year until the
success criteria have been met to the satisfaction of the Corps.
2) The Permittee shall execute and cause to be recorded in the Sampson County Register of Deeds
the Conservation Declaration (attached as a Draft) for the purpose of maintaining the 0.45 acre
Conservation Property, as shown on the attached Survey of Proposed Easement for City of
Clinton "Cattail Branch Stream Restoration ", prepared by Owen Surveying, Inc., and sealed
2/21/2007, in their natural and mitigated state in perpetuity, within 30 days of issuance of this
verification. The above-mentioned Survey must also be recorded with the Sampson County
Register of Deeds at the same time the Declaration is recorded. No person or entity shall fill,
grade, excavate, or perform any other land disturbing activities; nor construct any structures, nor
allow animal grazing or watering or any other agricultural use on such conservation areas, except
for the on-site stream restoration activities as approved in 1) above. The permittee shall enforce
the terms of the restrictive covenants and, prior to conveyance of the property, shall take no
action on the property described in the covenants inconsistent with the terms thereof. The
permittee shall provide a copy of the recorded restrictive covenants to the Corps of Engineers
within 15 days of recording.
These provisions relating to wetlands cannot be amended or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District.
Corps Regulatory Official:
Page 5 of 5

Action ID Number:SAW-2006-40592-082 County:Sampson
Permittee: City of Clinton
Date Permit Issued: 2/26/2007
Project Manager: Jennifer Frye
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 3 of 5

~ Filed for registration on the day of 20
\ at o~clock M and registered in the office of the Register
\ of Deeds of Sampson County on the dcy of
\ 20_in Book No. Page No.
\ \ PAULETTE W. KING
\ \ Register of Deeds
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OF CLINTON
BRANCH STREAM RESTORATION'
CONTACT PERSON
JOHN CONNETT, CITY MANAGER
221 LISBON STREET
CLINTON, NORTH CAROLINA 28328
PHONE [phone]
LOCATED IN
CITY OF CLINTON
NORTH CLINTON TOWNSHIP, SAMPSON COUNTY, N. C.
20 10 0 20 40 60
GRAPWIC SCALE IN FEET
OWEN SURVEYING, INCORPORATED 212 LISBON STREET
PHONE: [phone] /FAX [phone] CLINTON, N. C. 28328-4115
TOLL FREE: (800) 826-MAPS [phone]
FEBRUARY, 2007 SCALE: 1 INCH = 20 FEET
I, MILLARD T. OWEN III CERTIFY THAT THIS MAP WAS DRAWN BY ME FROM
AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, (SEE NOTE FOR RECORDED
DEED DESCRIPTION) THAT THE ERROR OF CLOSURE EQUALS 1:10,000+, THAT
THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED.
ALL AREAS WERE FIGURED BY USING THE D.M.D. METHOD UNLESS OTHERWISE
NOTED. I ALSO CERTIFY TO NOTE #1. WITNESS MY ORIGINAL SIGNATURE,
REGISTRATION NUMBER AND SEAL TTHIS 21ST DAY OF FEBRUARY 2007.
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STATE OF NORTH CAROLINA
COUNTY OF SAMPSON
VICINITY MAP
PROF SSIONAL LAND SURVEYOR L-1498
I CYNTHIA COTTLE ,REVIEW OFFICER OF SAMPSON COUNTY ,CERTIFY
THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY
REQUIREMENTS FOR RECORDING

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, DATE
- \~ \ REVIEW OFFICER
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\ b This final plat is exempt
required. from the City of Clinton Subdivision Ordinance. No approval as
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LEGEND: I.S.S. =IRON STAKE SET
DEED REFERENCE: I.P.s. =IRON PIPE sET
C.M.S. =CONCRETE MONUMENT SET
P.K.S. _ "PK" NAIL SET
DEED BOOK 531 PAGE 565 E.I.S. =EXISTING IRON STAKE
DEED BOOK 662 PAGE 100 E.LP. =EXISTING IRON PIPE
DEED BOOK 779 PAGE 647 E.P.K. =EXISTING "PK" NAIL
DEED BOOK 874 PAGE ° 281 E.C.M. =EXISTING CONCRETE MONUMENT
DEED BOOK 909 PAGE 393 E.R.R.S. =EXISTING RAILROAD SPIKE
DEED BOOK 1500 PAGE 275 Q = CENTER LINE
MAP BOOK PAGE R/W =RIGHT-flF-WAY
P.P. =POWER POLE
T.P. =TELEPHONE PEDESTAL
THIS MAP IS A CORRECT REPRESENTAl10N OF THE LAND SURVEYED AND PLAITED, B.O:C. =BACK OF CURB NOTES:
BUT A NORTH CAROIJNA LICENSED ATTORNEY-AT-LAW SHOULD BE CONSULTED C.P. =COMPUTED POINT
CONCERNING CORRECT OWNERSHIP, WIDTH AND LOCATION OF EASEMENTS, ANY C.A.T. V. =CABLE TELEVISION LINES 1. THIS SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATI
CEMETERIES NOT SHOWN ON RECORDED MAPS OR DEEDS MADE AVAILABLE TO R.C.P. = REINFORCEb CONCRETE PIPE PARCELS, ACOURT-ORDERED SURVEY, OR OTHER EXCEPTION TO THI
THE SURVEYOR BY THE PRESENT OWNER AT 'fHE TIME OF THIS SURVEY, AND OTHER S.R. =SECONDARY ROAD
TITLE QUESTIONS REVEALED BY TITLE EXAMINATION. IT IS THE RESPDNSIBIUIY OF SUBDIVISION.
THE PRESENT OWNER OR FUTURE OWNER OF THE PROPERTY SHOWN HEREON, TO W M. = WATER METER
CHECK FOR ANY WETLANDS, HIGH WATER TABLE oR OTHER waTER coNDmoNS =OVERHEAD POWER LINES 2. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHER
WHICH MAY CAUSE A POR110N OF THIS PROPERTY TO BE UNUSABLE FOR CERTAIN B =CATCH BASIN 3. TAX PARCEL I.D. NUMBER: 2405-26-3261, 2405-26-5597, 8C 24D
USE5. NO RESPONSIBILITY OF ANY NATURE I5 ASSUMED BY 1HE SURVEYOR FOR F.F. = FlNISHED FLOOR AT THRESHOLD
ANY CONDITIONS WHICH MAY PRESENTLY EXIST BUT ARE UNKNOWN SUCH AS ~ CONCRETE 4. THIS LOT MAY BE SUBJECT TO EASEMENTS AND ENFORCEABLE RESTI
TOXIC OR HAZARDOUS WASTE MATERIALS, CEMETERIES, ETC. COVENANTS OF RECORD, IF ANY, NOT SPECIFICALLY DESCRIBED HERt-

~~~
DRAFT
STATE OF NORTH CAROLINA
SAMPSON COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS ("Conservation Declaration") is made on this 6th day of March, 2007,
by CITY OF CLINTON, 221 LISBON STREET, CLINTON, NC 28328 ("Declarant").
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately 0.45 acres, more particularly described in
Exhibit A attached hereto and by this reference incorporated herein Map Book
Page of the Sampson County Register of Deeds; and
B. The purpose of this Conservation Declaration is to maintain wetland
and/or riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition. The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID
issued by the Wilmington District Corps of Engineers (Corps), required to
mitigate for unavoidable impacts to waters of the United States authorized by that permit,
and this Conservation Declaration may therefore be enforced by the United States of
America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to nan with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair
or interfere with the conservation purposes of this Conservation Declaration set forth
above.

Without limiting the generality of the foregoing, the following activities and uses axe
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration
or impairment of the natural features of the Property or any introduction ofnon-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property aze prohibited.
E. Ve etation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or
walkways on the Property.
G. Si a e. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the Property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation Dred ink or Mineral Use There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore.natural topography or drainage patterns.
J. Water puality and Draina e Pattern There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
2

K. Development Rights. No development rights that have been encumbered
or extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not
limited to, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is
or may become inconsistent with the purposes of this grant, the preservation of the
Property substantially in its natural condition, or the protection of its environmental
systems, is prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U. S.
Army Corps of Engineers, Wilmington District, and therefore may be enforced by the
United States of America. This covenant is to run with the land and shall be binding on
all parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
3

B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in a timely fashion in the official records of Sampson County, North Carolina, and
may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: {a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and {b) as of the date hereof thee are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
CITY OF CLINTON
BY:
Luther D. Starling, Mayor
ATTEST:
Elizabeth W. Fortner, City Clerk
4

NORTH CAROLINA
SAMPSON COUNTY
I, , a Notary Public in and for the County and
State aforesaid, do hereby certify that ELIZABETH W. FORTNER, Clerk, personally
appeared before me this day and acknowledged that she is Clerk of the City of Clinton, a
municipal corporation, and that by authority duly given and as the act of said City the
foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal,
and attested by herself as its Clerk.
Witness my hand and notarial seal, this the day of , 2007.
Notary Public
My commission expires:
5