20021835 Ver 1_COMPLETE FILE_20021029

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
May 8, 2003,
New Hanover County
DWQ Project # 021835
Seaspray Landing
Dallas Harris Real Estate Construction, Inc.
APPROVAL of 401 Water Quality Certification, ADDITIONAL CONDITIONS, WRP
Dallas Harris Real Estate construction, Inc.
Post Office Box 551
Wrightsville Beach, NC 28480
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material in 0.22 acres of ditches/waters as depicted in the Pre-Construction Application dated March 27,
2003 for the restoration of wetlands on a tract know as the Seaspray Landing located along Military Cutoff
Road in Wilmington, North Carolina in New Hanover County. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3256. This certification
allows you to use Nationwide Permit Number 27 when the Corps of Engineers issues it. In addition, you
should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires
unless otherwise specified in the General Certification. This Certification replaces the Certification issued
on December 2, 2002.
This approval is only valid for the purpose and design that you described in your application except
as modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. In order to prevent violations of the turbidity standards (50 NTU's in streams and rivers not
designated as trout waters by DWQ; 25 NTU's in all saltwater classes, and all lakes and
reservoirs;) compliance with the Division of Land Resources is required.
2. Approved erosion and sedimentation control devices and practices which equal or exceed
those outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
(available from the Division of Land Resources in the DEHNR Regional or Central Offices)
shall be properly implemented.
3. Waste, spoil or fill shall not be placed, dumped or located in wetlands or waters beyond the
footprint of ditches proposed for fill as depicted in Pre-Construction Notification Application
dated March 27, 2003 and the site plans labeled, Site Grading, Drainage, Erosion Control
Stormwater Management and Utility Plan by Tripp Engineering, dated 03/03/03.
4. The ditches proposed to be filled, as depicted in the Pre-Construction Notification dated
March 27, 2003, are required to be filled, returned to natural grade, and maintained with
stable dense vegetated cover. Further, within 180 days of the issuance date of this

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.ustncwetlands
Seaspray Landing
DWQ No. 021835
Page 2
certification, written confirmation must be provided to the Division of Water Quality
Wilmington Regional Office, confirming the back-fill of ditches has been completed.
CC.
5. Three tracts are indicated in the Pre-Construction Notification package dated March 27, 2003
for preservation. These preservation areas are depicted on three maps (all dated August 30,
2002) labeled as Covil Estates and include 2.83, 2.43 and 2.00 acres of preservation. The
preservations of the wetlands, in perpetuity, on these respective tracts are requirements of this
Certification.
6. Within 60 days of receipt of this Certification it is required that the Wilmington Regional
Office of the Division of Water Quality be provided maps that clearly indicate the
preservation areas.
7. Within 60 days of receipt of this Certification, it is required that documentation of the
recordation of a protective conservation easements (or a similar mechanism) of the three
Covil Estates preservation tracts be provided to both the Central Office and the Wilmington
Regional Office of the Division of Water Quality to insure no future impacts occur on the
preserved tracts.
8. All erosion and sedimentation control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources (or delegated
program) releases the project or the project is determined to stabilized.
9. For a period of two (2) years, following the completion of your efforts to back-fill ditches,
monthly inspections must be conducted and a written record maintained for possible DWQ
review. Specifically, your records should depict whether the back-filled ditches are stable,
returned to natural grade and whether the wetland hydrology has been restored. If additional
restoration efforts/repairs are required, they must be completed and the Regional Office staff `
must be notified in writing of these efforts.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Corps of Engineers Wilmington Fieldpm
DWQ - Wilmington Regional Office Central Files
401 Wetland Unit - Danny Smith
David A. Syster - 3973 B Market Street
Wilmington, NC 28403

021835

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.: 200300215 County: New Hanover Quad: Wrightsville Reach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: Dallas Harris Real Estate Construction Authorized Agent: Mitchell and Associates
Attn: Dallas Harris Attn: David Syster
Address: Post Office Box 551 3973 B Market Street
Wrightsville Beach, NC 28480 Wilmington, NC 28403
Phone: [phone] (910)22

Cc: Danny Smith /?

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Division of Water Quality ®u)D
NY
North Carolina Department of 0 8 Z403
Environment and Natural Resources Y ^
1650 Mail Service Center
Raleigh, North Carolina 27699-1650 ?
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Decimal Degrees: North: 34.2521440 West: 77.8303110
Size and Location of Property (waterbody, Highway name/number, town, etc.): The project is located on
approximately 12 acres on the west side of Military Cutoff Road, south of Station Road, on the south side of the existing
Seaspray Landing Subdivision, in the headwaters of an unnamed tributary to Howe Creek, in Wilmington, New Hanover
County, North Carolina.
Description of Activity: The discharge of fill material into approximately 0.22 acre (approximately 2858 linear feet)
of waters of the US associated with the restoration of approximately 5 acres of jurisdictional wetlands. In addition,
approximately 3,190 linear feet of grass swale will be constructed to route water into the restoration area. The
remainder of the site will be utilized for the final phase of the Seaspray Landing Subdivision. The restoration area
will be monitored as described in the Seaspray Landing Mitigation Plan dated March 15, 2003, and the letter from
Mitchell and Associates dated April 3, 2003, including all attachments. The applicant proposes to place a
conservation easement on the restoration site and on a section of Moores Creek, a tributary to Howe Creek.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: NATIONWIDE PERMIT #27: STREAM AND WETLAND RESTORATION ACTIVITIES
SECTION 10 AND 404
SPECIAL CONDITIONS
1. The Permittee shall fully implement the compensatory mitigation plan, entitled Seaspray Landing Mitigation
Plan, dated March 15, 2003 except inasmuch as the mitigation plan conflicts with the special conditions of this
permit. Activities prescribed by this plan shall be initiated prior to, or concurrently with, commencement of any
construction activities within jurisdictional areas authorized by this permit.
2. The Permittee shall preserve and maintain the entire restoration area, approximately 5.0 acres of
wetlands, as identified in the attachments to the Permit Application dated March 27, 2003. The Permittee is
prohibited from performing any of the following activities on the property after completion of restoration
activities: filling; grading; excavating; earth movement of any kind; construction of roads, walkways,
buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the
destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage,
trash, or other waste material; or any other activity which would result in the wetlands being adversely
impacted or destroyed.
3. Within 90 days of verification of this permit and before work is begun on the site, the Permittee shall execute and
cause to be recorded a conservation easement prohibiting those activities listed in condition d above. The terms and
conditions, and the holder of this easement shall be approved by the Corps of Engineers prior to recordation of the
easement. The Permittee shall provide the Corps of Engineers a copy of the recorded easement within 30 days of the
recordation of the easement. The Permittee shall take no action inconsistent with the terms and purpose of the
conservation easement on the property described therein. Appropriate language for the conservation easement is
attached (also available on our webpage) and should be adapted for this project.
See attached documents for additional terms and conditions of this Nationwide Permit.
Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is
checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division
of Environmental Management, telephone [phone]. For any activity within the twenty coastal counties, before
beginning work you must contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the NWP. Any violation of the conditions of the NWP
referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Department of the Army NWP verification does not relieve the perimittee of the responsibility to obtain any other
required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the Nationwide Permit, please
contact the Corps Regulatory Official specified below.
Corps Regulatory Official:
Expiration Date of Verific?
Telephone No.: [phone]
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
January 18, 2001
Rev'd October 16, 2002
Model Conservation Easement for use in preserving mitigation property. Language in italics is
instructional, and should be deleted when site-specific Conservation Easement is prepared.
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day
of , 200 by and between ,
("Grantor") and (Grantee).
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein ("Property");
WHEREAS, Grantee is [either a public body of this state, an agency of the United States,
or a nonprofit corporation or trust whose purpose is the conservation of property], and is
qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic
value of the property in its natural state, which includes the following natural communities:
[describe by wetland and/or stream type, as well as any associated buffers or upland
communities]. The purpose of this Conservation Easement 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.
[For use when the mitigation is offered for impacts of a single individual or general
permit use] WHEREAS, the preservation of the Property is a condition of Department of the
Army permit Action ID issued by the Wilmington District Corps of Engineers,
required to mitigate for unavoidable stream and/or wetland impacts authorized by that permit.
Grantor and Grantee agree that third-party rights of enforcement shall be held by the U.S. Army
Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that
these rights are in addition to, and do not limit, the rights of enforcement under said permit.
[Alternate paragraph for use when the conservation easement supports a mitigation
bank] WHEREAS, the preservation of the Property is required by a Mitigation Banking
Instrument for the [Name of Bank], Department of the Army Action ID [Action ID number for
the mitigation bank]. The Mitigation Bank is intended to be used to compensate for unavoidable
stream and/or wetland impacts authorized by permits issued by the Department of the Army.
Grantor and Grantee agree that third-party rights of enforcement shall be held by the U.S. Army
Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that
these rights are in addition to, and do not limit, the rights of the parties to the Mitigation Banking
Instrument.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation
Easement of the nature and character and to the extent hereinafter set forth, over the Property
described on Exhibit A, together with the right to preserve and protect the conservation values
thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's
personal representatives, heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted
from any development that would impair or interfere with the conservation values of the
Property.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of
the natural features of the Property or any introduction of non-native plants and/or animal species
is prohibited.
B. Constniction_ 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 11se. Industrial and/or commercial activities,
including any right of passage used in conjunction with commercial or industrial activity, are
prohibited on the property. Residential use of the Property is prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and horticultural
use of the Property is prohibited.
E. Vegetation- There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property.
G. Signage. 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 and Grantee as the holder of Conservation Easement on 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, Tredging or Mineral T Tse_ 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. W er reality and Drainage Pattern- There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within or out of the easement area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or
biocides is prohibited.
K. Devel znment Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement 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 III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors
or assigns, the right to continue the use of the property for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the
Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the
right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such
sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this
Conservation Easement.
[For use when mitigation work (approved or required restoration, creation, or
enhancement)is to be done on the property]Notwithstanding the foregoing Restrictions, Grantor
reserves for Grantor, its successors and assigns, the right to construct wetland and stream
mitigation on the Property, in accordance with the [describe mitigation plan by title, date and
permit action id if a single mitigation site; if a mitigation bank, include the language "detailed
mitigation plan approved in accordance with the Mitigation Banking Instrument for
the Mitigation Bank.]
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the Corps, shall
have the right to enter the Property at all reasonable times for the purpose of inspecting said
property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee shall also have the right to enter and go upon the Property for purposes
of making scientific or educational observations and studies, and taking samples. The easement
rights granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any
activity on or use of the Property that is inconsistent with the purposes of this Easement and to
require the restoration of such areas or features of the Property that may be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that
comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such
breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions
constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce
this Conservation Easement by appropriate legal proceedings including damages, injunctive and
other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach
of the term of this Conservation Easement is or would irreversibly or otherwise materially impair
the benefits to be derived from this Conservation Easement. The Grantor and Grantee
acknowledge that under such circumstances damage to the Grantee would be irreparable and
remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder
shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in
connection with this Conservation Easement. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor,
provided Grantor is determined to be responsible for the breach. The Corps shall have the same
right to enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle
Grantee to bring any action against Grantor for any injury or change in the Property resulting
from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war,
acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken
in good faith by Grantor 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 VI
MISCELLANEOUS
A. Way. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, tax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to
this Conservation Easement. Grantor further warrants that Grantee shall have the use of and
enjoy all the benefits derived from and arising out of this Conservation Easement, and that
Grantor will warrant and defend title to the Property against the claims of all persons.
B. Subsequent Transfers- The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in all or a
portion of the Property. The Grantor agrees to provide written notice of such transfer at least
thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of
this Conservation Easement shall survive any merger of the fee and easement interests in the
Property or any portion thereof and shall not be amended, modified or terminated without the
prior written consent and approval of the Corps.
C. Assi ment_ The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and
agrees, that in the event it transfers or assigns this Conservation Easement, the organization
receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and §
170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms
of the transfer or assignment will be such that the transferee or assignee will be required to
continue in perpetuity the conservation purposes described in this document.
D. Entire regiment and Severability= This instrument sets forth the entire agreement of
the parties with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the
remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of
any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be
responsible for any costs or liability of any kind related to the ownership, operation, insurance,
upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein
shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations
and permits that may apply to the exercise of the Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes, this Conservation Easement may only be
extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of
eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to
recover the full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent
domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The
parties stipulate that the fair market value of this Conservation Easement shall be determined by
multiplying the fair market value of the Property unencumbered by this Conservation Easement
(minus any increase in value after the date of this grant attributable to improvements) by the ratio
of the value of this easement at the time of this grant to the value of the Property (without
deduction for the value of this Conservation Easement) at the time of this grant. The values at the
time of this grant shall be the values used, or which would have been used, to calculate a
deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue
Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the
proceeds in a manner consistent with the purposes of this Conservation Easement.
1. Notification. Any notice, request for approval, or other communication required under
this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
To Grantor:
[Name, address and fax number]
Tn Grantee:
[Name, address and fax number]
To the Corns:
[Name, address and fax number]
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable
period of time after the occurrence of one of these events Grantee fails to make an assignment
pursuant to this Conservation Easement, then the Grantee's interest shall become vested in
another qualified grantee in accordance with an appropriate proceeding in a court of competent
jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a writing
signed by all parties hereto, and provided such amendment does not affect the qualification of
this Conservation Easement or the status of the Grantee under any applicable laws, and is
consistent with the conservation purposes of this grant.
L. [For use if there is a document describing the current condition of the property. The
language provided is applicable if there is a mitigation plan that accurately describes the
current condition and uses of the property. If there is not such a plan, another document we
agree is accurate and can be identified and is in our files can be referenced.]Present Condition
of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics
of the Property, and its current use and state of improvement, are described in Section _,
Appendix B of the Mitigation Plan, dated , prepared by Grantor and
acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof.
Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that
any future changes in the use of the Property will be consistent with the terms of this
Conservation Easement. However, this report is not intended to preclude the use of other
evidence to establish the present condition of the Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
[Signatures of the Grantor and Grantee in appropriate form]
( V.
NATIONWIDE PERMIT 27
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 18, 2002
Stream and Wetland Restoration Activities. Activities in waters of the United States
associated with the restoration of former waters, the enhancement of degraded tidal and non-tidal
wetlands and riparian areas, the creation of tidal and non-tidal wetlands and riparian areas, and
the restoration and enhancement of non-tidal streams and non-tidal open water areas as follows:
1. The activity is conducted on:
a. Non-Federal public lands and private lands, in accordance with the terms and
conditions of a binding wetland enhancement, restoration, or creation agreement between the
landowner and the U.S. Fish and Wildlife Service (FWS) or the Natural Resources Conservation
Service (MRCS), The National Marine Fisheries Service (NMF), the National Ocean Service
(NOS) or voluntary wetland restoration, enhancement, and creation actions documented by the
NRCS pursuant to NRCS regulations; or
b. Reclaimed surface coal mined lands, in accordance with a Surface Mining Control and
Reclamation Act permit issued by the Office of Surface Mining or the applicable state agency
(the future reversion does not apply to streams or wetlands created, restored, or enhanced as
mitigation for the mining impacts, nor naturally due to hydrologic or topographic features, nor
for a mitigation bank); or
c. Any other public, private or tribal lands;
2. Notification: For activities on any public or private land that are not described by
paragraphs (1)(a) or (1)(b) above, the permittee must notify the District Engineer in accordance
with General Condition 13; and '
3. Planting of only native plant species should occur on the site.
Activities authorized by this nationwide permit include, to the extent that a Corps permit is
required, but are not limited to: the removal of accumulated sediments; the installation, removal,
and maintenance of small water control structures, dikes, and berms; the installation of current
deflectors; the enhancement, restoration, or creation of riffle and pool stream structure; the
placement of in-stream habitat structures; modifications of the stream bed and/or banks to restore
or create stream meanders; the backfilling of artificial channels and drainage ditches; the removal
of existing drainage structures; the construction of small nesting islands; the construction of open
water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; activities
needed to reestablish vegetation, including plowing or discing for seed bed preparation and the
planting of appropriate wetland species; mechanized landclearing to remove non-native invasive,
exotic or nuisance vegetation; and other related activities.
This NWP does not authorize the conversion of a stream to another aquatic use, such as the
creation of an impoundment for waterfowl habitat. This NWP does not authorize stream
channelization. This NWP does not authorize the conversion of natural wetlands to another
aquatic use, such as creation of waterfowl impoundments where a forested wetland previously
existed. However, this NWP authorizes the relocation of non-tidal waters, including non-tidal
wetlands, on the project site provided there are net gains in aquatic resource functions and values.
For example, this NWP may authorize the creation of an open water impoundment in a non-tidal
emergent wetland, provided the non-tidal emergent wetland is replaced by creating that wetland
type on the project site. This NWP does not authorize the relocation of tidal waters or the
conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion
of tidal wetlands into open water impoundments.
Reversion. For enhancement, restoration, and creation projects conducted under paragraphs
(1)(a), this NWP does not authorize any future discharge of dredged or fill material associated
with the reversion of the area to its prior condition. In such cases a separate permit would be
required for any reversion. For restoration, enhancement, and creation projects conducted under
paragraphs (1)(a) and (1)(b), this NWP also authorizes any future discharge of dredged or fill
material associated with the reversion of the area to its documented prior condition and use (i.e.,
prior to the restoration, enhancement, or creation activities). The reversion must occur within
five years after expiration of a limited term wetland restoration or creation agreement or permit,
even if the discharge occurs after this NWP expires. This NWP also authorizes the reversion of
wetlands that were restored, enhanced, or created on prior-converted cropland that has not been
abandoned, in accordance with a binding agreement between the landowner and NRCS or FWS
(even though the restoration, enhancement, or creation activity did not require a Section 404
permit). The five-year reversion limit does not apply to agreements without time limits reached
under paragraph (1)(a). The prior condition will be documented in the original agreement or
permit, and the determination of return to prior conditions will be made by the Federal agency or
appropriate state agency executing the agreement or permit. Prior to any reversion activity, the
permittee or the appropriate Federal or State agency must notify the District Engineer and include
the documentation of the prior condition. Once an area has reverted back to its prior physical
condition, it will be subject to whatever the Corps regulatory requirements will be at that future
date. (Sections 10 and 404)
Note: Compensatory mitigation is not required for activities authorized by this NWP,
provided the authorized work results in a net increase in aquatic resource functions and values in
the project area. This NWP can be used to authorize compensatory mitigation projects, including
mitigation banks, provided the permittee notifies the District Engineer in accordance with
General Condition 13, and the project includes compensatory mitigation for impacts to waters of
the United States caused by the authorized work. However, this NWP does not authorize the
reversion of an area used for a compensatory mitigation project to its prior condition. NWP 27
can be used to authorize impacts at a mitigation bank, but only in circumstances where it has
been approved under the Interagency Federal Mitigation Banks Guidelines.
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NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a
NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low-flow or no-flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound water.
Culverts placed in streams must be installed to maintain low flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other
measures must be taken to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state or tribe in its Section 401 Water
Quality Certification and Coastal Zone Management Act consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and
Scenic River System; or in a river' officially designated by Congress as a 'study river" for possible
inclusion in the system, while the river is in an official study status; unless the appropriate
Federal agency, with direct management responsibility for such river, has determined in writing
that the proposed activity will not adversely affect the Wild and Scenic River designation, or
study status. Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service,
Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
9. Water Quality.
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a. In certain states and tribal lands an individual 401 Water Quality Certification must be
obtained or waived (See 33 CFR 330.4(c)).
b. For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401
certification (either generically or individually) does not require or approve water quality
management measures, the permittee must provide water quality management measures that will
ensure that the authorized work does not result in more than minimal degradation of water
quality (or the Corps determines that compliance with state or local standards, where applicable,
will ensure no more than minimal adverse effect on water quality). An important component of
water quality management includes stormwater management that minimizes degradation of the
downstream aquatic system, including water quality (refer to General Condition 21 for
stormwater management requirements). Another important component of water quality
management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the
NWPs).
This condition is only applicable to projects that have the potential to affect water quality.
While appropriate measures must be taken, in most cases it is not necessary to conduct detailed
studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone
management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)).
11. Endangered Species.
a. No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as
identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely
modify the critical habitat of such species. Non-federal permittees shall notify the District
Engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or is located in the designated critical habitat and shall not begin work on the
activity until notified by the District Engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that may affect Federally-listed
endangered or threatened species or designated critical habitat, the notification must include the
name(s) of the endangered or threatened species that may be affected by the proposed work or
that utilize the designated critical habitat that may be affected by the proposed work. As a result
of formal or informal consultation with the FWS or NMFS the District Engineer may add-
species-specific regional endangered species conditions to the NWPs.
b. Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, both lethal and non-lethal "takes" of protected species are in violation of
the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the USFWS and NMFS or their. World Wide
Web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfins.noaa.gov/prot
res/overview/es.html respectively.
12. Historic Properties. No activity that may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized, until the District Engineer has
complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must
notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be
eligible for listing on the National Register of Historic Places, and shall not begin the activity
until notified by the District Engineer that the requirements of the National Historic Preservation
Act have been satisfied and that the activity is authorized. Information on the location and
existence of historic resources can be obtained from the State Historic Preservation Office and
the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect
historic properties listed in, or eligible for listing in, the National Register of Historic Places,'the
notification must state which historic property may be affected by the proposed work or include a
vicinity map indicating the location of the historic property.
13. Notification.
a. Timing; where required by the terms of the NWP, the prospective permittee must
notify the District Engineer with a preconstruction notification (PCN) as early as possible. The
District Engineer must determine if the notification is complete within 30 days of the date of
receipt and can request additional information necessary to make the PCN complete only once.
However, if the prospective permittee does not provide all of the requested information, then the
District Engineer will notify the prospective permittee that the notification is still incomplete and
the PCN review process will not commence until all of the requested information has been
received by the District Engineer. The prospective permittee shall not begin.the activity:
1. Until notified in writing by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division Engineer; or
2. If notified in writing by the District or Division Engineer that an Individual
Permit is required; or
3. Unless 45 days have passed from the District Engineer's receipt of the complete
notification and the prospective permittee has not received written notice from the District or
Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
. b. Contents of Notification: The notification must be in writing and include the
following information:
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I . Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed project;
3. Brief description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), Regional General
Permit(s), or Individual Permit(s) used or intended to be used to authorize any part
of the proposed project or any related activity. Sketches should be provided when necessary to
show that the activity complies with the terms of the NWP (Sketches usually clarify the project
and when provided result in a quicker decision.);
4. For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN
must also include a delineation of affected special aquatic sites, including wetlands, vegetated
shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see
paragraph 13(f));
5. For NWP 7 (Cutfall Structures and Maintenance), the PCN must include
information regarding the original design capacities and configurations of those areas of the
facility where maintenance dredging or excavation is proposed;
6. For NWP 14 (Linear Transportation Projects), the PCN must include a
compensatory mitigation proposal to offset permanent losses of waters of the US and a statement
describing how temporary losses of waters of the US will be minimized to the maximum extent
practicable;
7. For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office
of Surface Mining (OSM) or state-approved mitigation plan, if applicable. To be authorized by
this NWP, the District Engineer must determine that the activity complies with the terms and
conditions of the NWP and that the adverse environmental effects are minimal both individually
and cumulatively and must notify the project sponsor of this determination in writing;
8. For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include
documentation of the prior condition of the site that will be reverted by the permittee;
9. For NWP 29 (Single-Family Housing), the PCN must also include:
spouse; i. Any past use of this NWP by the Individual Permittee and/or the permittee's
of the permittee; ii. A statement that the single-family housing activity is for a personal residence
iii. A description of the entire parcel, including its size, and a delineation of
wetlands. For the purpose of this NWP, parcels of land measuring \1/4\-acre or less will not
6
require a formal on-site delineation. However, the applicant shall provide an indication of where
the wetlands are and the amount of wetlands that exists on the property. For parcels greater than
\1/4\-acre in size, formal wetland delineation must be prepared in accordance with the current
method required by the Corps. (See paragraph 13(f));
iv. A written description of all land (including, if available, legal descriptions)
owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile
radius of the parcel, in any form of ownership (including any land owned as a partner,
corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety) and any land on which a
purchase and sale agreement or other contract for sale or purchase has been executed;
10. For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective
permittee must either notify the District Engineer with a PCN prior to each maintenance activity
or submit a five-year (or less) maintenance plan. In addition, the PCN must include all of the
following:
i. Sufficient baseline information identifying the approved channel depths and
configurations and existing facilities. Minor deviations are authorized, provided the approved
flood control protection or drainage is not increased;
ii. A delineation of any affected special aquatic sites, including wetlands; and,
iii. Location of the dredged material disposal site;
11. For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must
also include a restoration plan of reasonable measures to avoid and minimize adverse effects to
aquatic resources;
12. For NWPs 39, 43 and 44, the PCN must also include a written statement to the
District Engineer explaining how avoidance and minimization for losses of waters of the US
were achieved on the project site;
13. For NWP 39 and NWP 42, the PCN must include a compensatory mitigation
proposal to offset losses of waters of the US or justification explaining why compensatory
mitigation should not be required. For discharges that cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the
activity complies with the other terms and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation
on stream impacts in writing before the permittee may proceed;
14. For NWP 40 (Agricultural Activities), the PCN must include a compensatory
mitigation proposal to offset losses of waters of the US. This NWP does not authorize the
relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in
non-tidal streams unless, for drainage ditches constructed in intermittent nontidal streams, the
7
District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all terms and conditions of this NWP, and that any adverse impacts of
the project on the aquatic environment are minimal, both individually and cumulatively;
15. For NWP 43 (Stormwater Management Facilities), the PCN must include, for
the construction of new stormwater management facilities, a maintenance plan (in accordance
with state and local requirements, if applicable) and a compensatory mitigation proposal to offset
losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an
intermittent stream bed, to be authorized, the District Engineer must determine that the activity
complies with the other terms and conditions of the NWT, determine adverse environmental
effects are minimal both individually and cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
16. For NWP 44 (Mining Activities), the PCN must include a description of all
waters of the US adversely affected by the project, a description ofmeasures taken to minimize
adverse effects to waters of the US, a description of measures taken to comply with the criteria of
the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and
non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); -
IT For activities that may adversely affect Federally-listed endangered or
threatened species, the PCN must include the name(s) of those endangered or threatened species
that may be affected by the proposed work or utilize the designated critical habitat that may be
affected by the proposed work; and
18. For activities that may affect historic properties listed in, or eligible for listing
in, the National Register of Historic Places, the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic
property.
c. Form of Notification: The standard Individual Permit application form (Form ENG
4345) may be used as the notification but must clearly indicate that it is a PCN and must include
all of the information required in4(b) (1)-(18) of General Condition 13. A letter containing the
requisite information may also be used.
d. District Engineer's Decision: In reviewing the PCN for the proposed activity, the
District Engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. The prospective permittee may submit a proposed mitigation plan with the PCN
to expedite the process. The District Engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the
District Engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
the District Engineer will notify the permittee and include any conditions the District Engineer
8
deems necessary. The District Engineer must approve any compensatory mitigation proposal
before the permittee commences work. If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or
detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan.
The District Engineer must review the plan within 45 days of receiving a complete PCN and
determine whether the conceptual or specific proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the District Engineer to be minimal, the District Engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more
than minimal, then the District Engineer will notify the applicant either:
1. That the project does not qualify for authorization under the NWP and instruct
the applicant on the procedures to seek authorization under an Individual'Permit;
2. that the project is authorized under the NWP subject to the applicant's submission
of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or
3. that the project is authorized under the NWP with specific modifications or
conditions. Where the District Engineer determines that mitigation is required to ensure no more
than minimal adverse effects occur to the aquatic environment, the activity will be authorized
within the 45-day PCN period. The authorization will include the necessary conceptual or
specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual
mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of
the US will occur until the District Engineer has approved a specific mitigation plan.
e. Agency Coordination: The District Engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental
effects to a minimal level.
For activities requiring notification to the District Engineer that result in the loss of greater
than \1/2\-acre of waters of the US, the District Engineer will provide immediately (e.g., via
facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate
Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted
to telephone or fax the District Engineer notice that they intend to provide substantive,
9
site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer
will fully consider agency comments received within the specified time frame, but will provide
no response to the resource agency, except as provided below. The District Engineer will indicate
in the administrative record associated with each notification that the resource agencies' concerns
were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act, the District Engineer will provide a response to NMFS
within 30 days of receipt of any Essential Fish Habitat conservation recommendations.
Applicants are encouraged to provide the Corps multiple copies of notifications to expedite
agency notification.
f. Wetland Delineations: Wetland delineations must be prepared in accordance with the
current method required by the Corps (For NWP.29 see paragraph (b)(9)(iii) for parcels less than
01/4\-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There
may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not
start until the wetland delineation has been completed and submitted to the Corps, where
appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the
Corps will submit a signed certification regarding the completed work and any required
mitigation. The certification will be forwarded by the Corps with the authorization letter and will
include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with the
permit conditions; and
c. The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the US authorized by
the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit
(e.g. if a road crossing over tidal waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of waters of the US for the total
project cannot exceed \ 1/3\-acre) .
16. Water Supply Intakes. No activity, including structures and work in-navigable waters of
the US or discharges of dredged or fill material, may occur in the proximity of a public water
supply intake except where the activity is for repair of the public water supply intake structures
or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the US
10
or discharges of dredged or fill material, may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity authorized by
NWP 4.
18."Suitable Material. No activity, including structures and work in navigable waters of the
US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free
from toxic pollutants in toxic amounts (see section 307 of the CWA).
19. Mitigation. The District Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to offset
adverse effects on the aquatic environment that are more than minimal.
a. The project must be designed and constructed to avoid and minimize adverse effects
to waters of the US to the maximum extent practicable at the project site (i.e., on site).
b. Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
c. Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a
project-specific waiver of this requirement. Consistent with National policy, the District Engineer
will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
d. Compensatory mitigation (i.e., replacement or substitution of aquatic resources for
those impacted) will not be used to increase the acreage losses allowed by the acreage limits of
some of the NWPs. For example, \1/4\-acre of wetlands cannot be created to change a,\3/4\acre
loss of wetlands to a \1/2\-acre loss associated with NWP 39 verification. However, \1/2\-acre of
created wetlands can be used to reduce the impacts of a \1/2\-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement associated with NWPs.
e. To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall project purposes.
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 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, preferably in
the same watershed.
f. Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
11
(e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated
buffers will be the only compensatory mitigation required. Vegetated buffers should consist of
native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide
on each side of the stream, but the District Engineers may require slightly wider vegetated buffers
to address documented water quality or habitat loss concerns. Where both wetlands and open
waters exist on the project site, the Corps will determine the appropriate compensatory mitigation
(e.g., stream buffers or wetlands compensation) based on what is best for the aquatic
environment or, a watershed basis. In cases where vegetated buffers are determined to be. the
most appropriate form of compensatory mitigation, the District Engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for wetland impacts.
g. Compensatory mitigation proposals submitted with the " notification" may be either
conceptual or detailed. If conceptual plans are approved under the verification, then the Corps
will condition the verification to require detailed plans be submitted and approved by the Corps
prior to construction of the authorized activity in waters of the US.
h. Permittees may propose the use of mitigation banks, in-lieu fee arrangements or
separate activity-specific compensatory mitigation. In all cases that require compensatory
mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or
complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the
US or discharges of dredged or fill material, in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are
not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be
designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity must not permanently, restrict or impede the passage of
normal or expected high flows (unless the primary purpose of the fill is to impound waters) and
the structure or discharge of dredged or fill material must withstand expected high flows. The
activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce
adverse effects such as flooding or erosion downstream and upstream of the project site, unless
the activity is part of a larger system designed to manage water flows. In most cases, it will not
be a requirement to conduct detailed studies and monitoring of water flow.
This condition is only applicable to projects that have the potential to affect waterflows.
While appropriate measures must be taken, it is not necessary to conduct detailed studies to
12
identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps
will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the
restricting its flow shall be minimized to the maximum extent practicable. This includes
structures and work in navigable waters of the US, or discharges of dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable
waters of the US or discharges of dredged or fill material, into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and
the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include,
NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and
Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs,
state natural heritage sites, and outstanding national resource waters or other waters officially
designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer
may also designate additional critical resource waters after notice and opportunity for comment.
a. Except as noted below, discharges of dredged or fill material into waters of the US
are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition
7. Further, such discharges may be authorized in designated critical habitat for Federally listed
threatened or endangered species if the activity complies with General Condition 11 and the
USFWS or the NMFS has concurred in a determination of compliance with this condition.
b. For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with General Condition 13, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The District
Engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year
floodplains will be identified through the existing Federal Emergency Management Agency's
(FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps.
a. Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material
into waters of the US within the mapped 100year floodplain, below headwaters (i.e. five cfs),
13
resulting in permanent above-grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44.
b. Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material
into waters of the US within the FEMA or locally mapped floodway, resulting in permanent
above-grade fills, are not authorized by NWPs 39, 40, 42, and 44.
c. The permittee must comply with any applicable FEMA-approved state or local
floodplain management requirements.
27. Construction Period. For activities that have not been, verified by the Corps and the
project was commenced or under contract to commence by the expiration date of the NWP (or
modification or revocation date), the work must be completed within 12-months after such date
(including any modification that affects the project).
For activities that have been verified and the project was commenced or under contract Io
commence within the verification period, the work must be completed by the date determined by
the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms and
conditions of a NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or
authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best Management Practices (BMPs): BMPs are policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or nonstructural. A BMP policy may
affect the limits on a development.
14
Compensatory Mitijzation: For purposes of Section 10/404, compensatory mitigation is the
restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands
and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts,
which remain, after all appropriate and practicable avoidance and minimization has been
achieved.
Creation: The establishment of a wetland or other aquatic resource where one did not formerly
exist.
Enhancement: Activities conducted in existing wetlands or other aquatic resources that increase
one or more aquatic functions.
Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration
after, precipitation events in a typical year. Ephemeral stream beds are located above the water
table year-round. Groundwater is not a source of water for the stream. Runnoff from rainfall is
the primary source of water for stream flow.
Farm Tract: A unit of contiguous land under one ownership that is operated as a farm or part of
a farm.
Flood Frinze: That portion of the 100-year floodplain outside of the floodway (often referred to
as "floodway fringe").
Floodwav: The area regulated by Federal, state, or local requirements to provide for the
discharge of the base flood so the cumulative increase in water surface elevation is no more than
a designated amount (not to exceed one foot as set by the National Flood Insurance Program)
within the 100-year floodplain.
Independent Utility: A test to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi-
phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Intermittent Stream: An intermittent stream has flowing water during certain times of the year,
when groundwater provides water for stream flow. During dryperiods, intermittent streams may
not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.
Loss o waters o the US: Waters of the US that include the filled area and other waters that are
permanently adversely affected by flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent above-grade, at-grade, or below-grade
fills that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or
15
change the use of a waterbody. The acreage of loss of waters of the US is the threshold
measurement of the impact to existing waters for determining whether a project may qualify for a
NWT; it is not a net threshold that is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and values. The loss of stream bed includes the
linear feet of stream bed that is filled or excavated. Waters of the US temporarily filled, flooded,
excavated, or drained, but restored to preconstruction contours and elevations after construction,
are not included in the measurement of loss of waters of the US. Impacts to ephemeral waters
are only not included in the acreage or linear foot measurements of loss of waters of the US or
loss of stream bed, for the purpose of determining compliance with the threshold limits of the
NWPs.
Non-tidal Wetlan& An area that, during a year with normal patterns of precipitation has standing
or flowing water for sufficient duration to establish an ordinary high water mark. Aquatic
vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent.
Vegetated shallows are considered to be open waters. The term "open water" includes rivers,
streams, lakes, and ponds. For the purposes of the NWPs, this term does not include ephemeral
waters.
Perennial Stream: A perennial stream has flowing water year-round during a typical year. The
water table is located above the stream bed for the most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Permanent Above-grade Fill: A discharge of dredged or fill material into waters of the US,
including wetlands, that results in a substantial increase in ground elevation and permanently
converts part or all of the waterbody to dry land. Structural fills authorized by NWPs 3, 25, 36,
etc. are not included.
Preservation: The protection of ecologically important wetlands or other aquatic resources in
perpetuity through the implementation of appropriate legal and physical mechanisms.
Preservation may include protection of upland areas adjacent to wetlands as necessary to ensure
protection and/or enhancement of the overall aquatic ecosystem.
Restoration: Re-establishment of wetland and/or other aquatic resource characteristics and
function(s) at a site where they have ceased to exist, or exist in a substantially degraded state.
Riffle and Pool Complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1)
Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
pools.
16
Single and Complete Proms: The term "single and complete project" is defined at 33 CFR
330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or
other association of owners/developers (see definition of independent utility). For linear
projects, the "single and complete project" (i.e., a single and complete crossing) will apply to
each crossing of a separate water of the US (i.e., a single waterbody) at that location. An
exception is for linear projects crossing a single waterbody several times at separate and distant
locations; each crossing is considered a single and complete project. However, individual
channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or
lake, etc., are not separate waterbodies.
Stormwater Manazement: Stormwater management is the mechanism for controlling stormwater
runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding
and mitigating the adverse effects of changes in land use on the aquatic environment.
Stormwater Management Facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and BMPs, which retain
water for a period of time to control runoff and/or improve the quality (i.e., by reducing the
concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater
runoff.
Stream Channelization: The manipulation of a stream channel to increase the rate of water flow
through the stream channel. Manipulation may include deepening, widening, straightening,
armoring, or other activities that change the stream cross-section or other aspects of stream
channel geometry to increase the rate of water flow through the stream channel. A channelized
stream remains a water of the US, despite the modifications to increase the rate of water flow.
Tidal Wetland: A tidal wetland is a wetland (i.e., water of the US) that is inundated by tidal
waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or
cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall
of the water surface can no longer be practically measured in a predictable rhythm due to
masking by other waters, wind, oT other effects. Tidal wetlands are located channelward of the
high tide line (i.e., spring high tide line) and are inundated by tidal waters two times per lunar
month, during spring high tides.
Vegetated Buffer: A vegetated upland or wetland area next to rivers, streams, lakes, or other
open waters, which separates the open water from developed areas, including agricultural land.
Vegetated buffers provide a variety of aquatic habitat functions and values (e.g., aquatic habitat
for fish and other aquatic organisms, moderation of water temperature changes, and detritus for
aquatic food webs) and help improve or maintain local water quality. A vegetated buffer can be
established by maintaining an existing vegetated area or planting native trees, shrubs, and
herbaceous plants on land next to openwaters. Mowed lawns are not considered vegetated
buffers because they provide little or no aquatic habitat functions and values. The establishment
and maintenance of vegetated buffers I a method of compensatory mitigation that can be used in
17
conjunction with the restoration, creation, enhancement or preservation of aquatic habitats to
ensure that activities authorized by NWPs result in minimal adverse effects to the aquatic
environment. (See General Condition 19.)
TWetated Shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines.
They are areas that are permanently inundated and under normal circumstances have rooted
aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular
rooted plants in freshwater systems.
Waterbody: A waterbody is any area that in a normal year has water flowing or standing above
ground to the extent that evidence of an ordinary high water mark is established. Wetlands
contiguous to the waterbody are considered part of the waterbody.
FINAL REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE
WILMINGTON DISTRICT
1. Waters Excluded from NWP or Subject to Additional Notification Requirements:
a. The Corps identified waters that will be excluded from use of this NWT. These waters are:
1. Discharges into Waters of the United States designated by either the North Carolina
Division of Marine Fisheries (NCDMF) or the North Carolina Wildlife Resources Commission
(NCWRC) as anadromous fish spawning area are prohibited during the period between February
15 and June 30, without prior written approval from NCDMF or NCWRC and the Corps.
2. Discharges into Waters of the United States designated as sturgeon spawning areas are
prohibited during the period between February 1 and June 30, without prior written approval
from the National Marine Fisheries Service (NMFS).
b. The Corps identified waters that will be subject to additional notification requirements for
activities authorized by this NWP. These waters are:
1. Prior to the use of any NWP in any of the following North Carolina designated waters,
applicants must comply with Nationwide Permit General Condition 13. In addition, the applicant
must furnish a written statement of compliance with all of the conditions of the applicable
Nationwide Permit. The North Carolina designated waters that require additional notification
requirements are "Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as
defined by the North Carolina Division of Water Quality), or "Inland Primary Nursery Areas"
(IPNA) (as defined by the North Carolina Wildlife Resources Commission), or contiguous
wetlands (as defined by the North Carolina Division of Water Quality), or "Primary Nursery
Areas" (PNA) (as defined by the North Carolina Division of Marine Fisheries).
18
2. Applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) coastal counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities may not commence until a copy of the approved CAMA permit is furnished to the
appropriate Wilmington District Regulatory Field Office (Wilmington Field Office - P.O. Box
1890, Wilmington, NC 28402 or Washington Field Office - P.O. Box 1000, Washington, NC
27889) for authorization to begin work.
3. Prior to the use of any NWP on a Barrier Island of North Carolina, applicants must
comply with Nationwide Permit General Condition 13. In addition, the applicant shall furnish a
written statement of compliance with all of the conditions listed of the applicable Nationwide
Permit.
4. Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina,
applicants shall comply with Nationwide Permit General Condition 13. In addition, the applicant
shall furnish a written statement of compliance with all of the conditions listed of the applicable
NWP.
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bogs Piedmont Bogs
Swamp Forest-Bog Complex Upland Depression Swamp Forest
Swamp Forest-Bog Complex (Spruce Subtype)
Southern Appalachian Bog (Northern Subtype)
Southern Appalachian Bog (Southern Subtype)
Southern Appalachian Fen
5. Prior to the use of any NWP in Mountain Trout Waters within twenty-five (25)
designated counties of North Carolina, applicants shall comply with Nationwide General
Condition 13. In addition, the ap'plicant shall furnish a written statement of compliance with all
of the conditions listed of the applicable NWP. Notification will include a letter of comments
and recommendations from the North Carolina Wildlife Resources Commission (NCWRC), the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
Mountain Trout Waters, why other alternatives were not selected, and a plan to provide
compensatory mitigation for all unavoidable adverse impacts to the Mountain Trout Waters. To
facilitate coordination with the NCWRC, the proponent may provide a copy of the notification to
the NCWRC concurrent with the notification to the District Engineer. The NCWRC will
respond both to the proponent and directly to the Corps of Engineers.
The twenty-five (25) designated counties are:
Alleghany Ashe Avery Yancey
Buncombe Burke Caldwell Wilkes
19
Cherokee Clay , . Graham Swain
Haywood Henderson Jackson Surry
Macon Madison McDowell Stokes
Mitchell Polk Rutherford
Transylvania Watauga
6. Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in
or removing sediment from an area closed to shell fishing where the effluent may be released to
an area open for shell fishing or swimming in order to avoid contamination of the disposal area
and allow a temporary shellfish closure to be made. Any disposal of sand to the beach should
occur between November 1 and April 30 when recreational usage is low. Only clean sand should
be used and no dredged sand from closed shell fishing areas. If beach disposal was to occur at
times other than stated above or if sand from a closed shell fishing area is to be used, a swim
advisory shall be posted and a press release shall be made. NCDENR Shellfish Sanitation
Section must be notified before commencing this activity.
2. List of Final Corps Regional Modifications and Conditions for All Nationwide Permits
a. Individual or multiple NWPs may not be used for activities that result in the cumulative
loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent
streambed that exhibits important aquatic function(s).
b. Prior to the use of any NWP (except 13, 27, and 39) for any activity that has more than a
total of 150 total linear feet of perennial streambed impacts or intermittent streambed impacts (if
the intermittent stream has important aquatic function), the applicant must comply with
Nationwide Permit General Condition 13. In addition, the applicant shall furnish a written
statement of compliance with all of the conditions listed of the applicable NWT. Compensatory
mitigation is typically required for any impact that requires such notification. [Note: The Corps
uses the Intermittent Channel Evaluation Form, located with Permit Information on the
Regulatory Program Web Site, to aid in the determination of the intermittent channel stream
status. Also, NWPs 13, 27 and 39 have specific reporting requirements.]
c. For all Nationwide Permits which allow the use of concrete as a building material,
measures will be taken to prevent live or fresh concrete, including bags of uncured concrete,
from coming into contact with waters of the state until the concrete has hardened.
d. For all Nationwide Permits that allow for the use of riprap material for bank
stabilization, filter cloth must be placed underneath the riprap as an additional requirement of
its use in North Carolina waters.
e. For all NWPs that involve the construction of culverts, measures will be included in
the construction that will promote the safe passage of fish and other aquatic organisms.
All culverts in the 20 CAMA coastal counties must be buried to a depth of one foot below the
Roadway
Approach Fill BankfuIl

I
F Culvert buried
below streambed
- to appropriate
- Stream depth
Bottom
bed of the stream or wetland. For all culvert construction activities, the dimension, pattern, and
profile of the stream, (above and below a pipe or culvert), should not be modified by widening
the stream channel or by reducing the depth of the stream. Culvert inverts will be buried at least
one foot below the bed of the stream for culverts greater than 48 inches in diameter. For culverts
48 inches' in diameter or smaller, culverts must be buried below the bed of the stream to a depth
equal to or greater than 20 percent of the diameter of the culvert. Bottomless arch culverts will
satisfy this condition. A waiver from the depth specifications in this Regional Condition may be
requested in writing. The waiver will only be issued if it can be demonstrated that the impacts of
complying with this Regional Condition would result in more adverse impacts to the aquatic
environment.
NORTH CAROLINA DIVISION OF WATER QUALITY
GENERAL CERTIFICATION CONDITIONS
GC3353
1. Wetland and/or riparian area restoration and creation projects (not including projects that only
involve stream restoration or enhancement work described in condition nos. 2 and 3 that are
proposed under this General Certification require written application to and approval from the
Division of Water Quality except as specified below; Wetland and riparian area restoration and
creation projects (not including projects that involve work in or impacts to streams) which are
not for compensatory mitigation or compensatory mitigation credit proposed under this General
Certification do not require written application to and approval from the Division of Water
Quality if they are projects undertaken by the N.C. Wetlands Restoration Program, Clean Water
Management Trust Fund, U.S. Natural Resources Conservation Service or Section 319 projects.
In these cases, the applicant is required to notify the Division in writing with three copies of
project specifications before the impact occurs. If the Division determines that the project would
not result in an ecologically viable wetland and riparian area, then the Division shall notify the
applicant in writing within 30 days of receipt of the notification. In such cases, the applicant will
be required to submit a formal application and pay of the appropriate fee, and DWQ will be
required to process the application through normal procedures;
2. Proposed stream restoration projects (as defined and limited below), that do not disturb
wetlands and that are not being conducted for compensatory mitigation or compensatory
mitigation credit do not require written application to and approval from the Division of Water
Quality, and, therefore, do not require payment of an application fee to the Division of Water
Quality. Stream restoration is defined as the process of converting an unstable, altered or
degraded stream corridor, including adjacent riparian zone and flood prone areas to its natural or
referenced, stable conditions considering recent and future watershed conditions. This biological
and chemical integrity, including transport of water and sediment is produced by the stream's
watershed in order to achieve dynamic equilibrium. The applicant is required to notify the
Division in writing with three copies of detailed restoration plans and specifications before the
impact occurs. If the Division determines that the project does not meet the above definition of
stream restoration, then the Division shall notify the applicant in writing within 30 days of
21
receipt of the application.,In such cases, the applicant will be required to submit a formal
application and pay of the appropriate fee, and DWQ will be required to process the application
through normal procedures;
3. Stream enhancement projects (as defined and limited below), that do not disturb wetlands and
that are not being conducted for compensatory mitigation or compensatory mitigation credit and
do not include any stream channel relocation, do not require written application to and approval
from the Division of Water Quality, and, therefore, do not require payment of an application fee
to the Division of Water Quality. Stream enhancement is the process of implementing stream
rehabilitation practices in order to improve water quality and/or ecological function. These
practices must only be conducted on streams that are not experiencing severe aggradation or
erosion. Stream enhancement does not include the relocation of the stream channel.
Stream enhancement bank stabilization techniques include the use of woody vegetation as the
primary means of long-term stability, and "soft" techniques such as root wads that encourage the
establishment of dense woody vegetation. Stream enhancement techniques do not typically
include the use of stream bank or bed hardening techniques such as riprap or other rock, gabion,
block or concrete structures. However, enhancement activities may also include the placement of
in stream habitat or grade control structures such as cross vanes, j-hook vanes, and wing
deflectors that do not affect the overall dimension, pattern, or profile of a stable stream. The
applicant is required to notify the Division in writing with three copies of detailed enhancement
plans and specifications before the impact occurs if the stream enhancement project disturbs
greater than 500 feet of stream bank or if the project proposes the use of in stream structures. If
the Division determines that the project does not meet the above definition of stream
enhancement, then the Division shall notify the applicant in writing with an explanation within
30 days of receipt of the notification to require application and payment of the appropriate fee;
4. Stream stabilization projects that include the use of any structure or fill in the existing stream
bed or disturb greater that 500 feet of stream bank that are proposed under this General
Certification require written application to and approval from the Division of Water Quality.
Stream stabilization is defined as the in-place stabilization of an eroding stream bank using
measures that consist primarily of "hard" engineering, such as but not limited to concrete lining,
rip rap or other rock, and gabions. The use of "hard" engineering will not be considered as stream
restoration or enhancement;
5. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time
of application) requires written concurrence for this Certification from DWQ in accordance with
15A NCAC 2B.0200. Activities listed as "exempt" from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the protected
50-foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in accordance
with 15A NCAC 2B .0200. All new development shall be located, designed, constructed, and
maintained to have minimal disturbance to protect water quality to the maximum extent
22
practicable through the use of best management practices;
6. In order for the above conditions to be valid, any plans not requiring written concurrence to
use this Certification must be built according to the plans provided to the Division of Water
Quality. If written concurrence is required, then the project must be built and maintained
according to the plans approved by the written concurrence and Certification from the Division
of Water Quality;
7. Appropriate sediment and erosion control practices which equal or exceed those outlined in
the most recent version of the "North Carolina Erosion and Sediment Control Planning and
Design Manual" or "North Carolina Surface Mining Manual" whichever is more appropriate
(available from the Division of Land Resources at the DENR Regional and Central Offices) shall
be designed, installed and maintained properly to assure compliance with the appropriate
turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by
DWQ; 25 NTUs in all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ-classified
trout waters);
8. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the original grade restored after the Division of Land Resources or delegated program has
released the project;
9. Any riprap shall be of such a size and density so as not to be able to be carried off by wave or
current action and consist of clean rock or masonry material free of debris or toxic pollutants.
Riprap shall not be installed in the streambed except in specific areas required for velocity
control and approved by the Division of Land Resources and Water Quality. However rock
vanes, wing deflectors, and similar structures for grade control and bank protection are
acceptable;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
11. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact or Record of Decision is issued by the State Clearinghouse;
12. Additional site-specific conditions may be added to projects, which require written
concurrence under this Certification in order to ensure compliance with all applicable water
quality and effluent standards;
13. Concurrence from DWQ that this Certification applies to an individual project shall expire
three`years from the date of the cover letter from DWQ or the notification sent to DWQ.
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
STATE CONSISTENCY
23
1.
46>.
Mitchell and Associates
? )v
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, N.C. 28403 •910.254.0602 • Fax: [phone]
dsyster@iiiitchell-a[ssociates.org
March 27, 2003
WETLANDS 1401 GROUP
Mr. Danny Smith
Wetlands 401 Certification Unit
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604-2260
Dear Mr. Smith:
MAR 2 7 2003
WATER QUALITY SECTION
Re: 401 Modification
Seaspray Landing
New Hanover County
Mitchell & Associates, Inc. has been retained by Dallas Harris Real Estate Construction to
resolve outstanding regulatory issues at Seaspray Landing Subdivision. Seaspray Landing is
located west of Military Cutoff Road and south of Station Drive, Wilmington, New Hanover
County, North Carolina.
As you know, the North Carolina Department of Water Quality (DWQ) became concerned with
ditches constructed in wetlands at Seaspray Landing. These ditches were constructed during the
time period in which excavation in wetlands was not regulated by the state or federal agencies.
NC DWQ has determined that construction of the ditches was in violation of the 401
Certification issued for the construction of Seaspray Drive.
Both my client and your office have worked diligently to resolve the outstanding issues
associated with the ditches present at Seaspray Landing. Recently your division issued a 401
Water Quality Certification for work aimed at resolving these issues. However, the Army Corps
of Engineers has had some concerns which required that we redesign the storm water system
within this phase of the project. The resolution still involves the restoration work on site, as well
as off site preservation. Approximately 5 acres of land at Seaspray Landing will be replanted and
the hydrology reestablished by filling many of the existing ditches. Offsite preservation includes
3 areas of land within Moore's Creek water shed. These tracts are all located within Covil
Estates Subdivision across Military Cutoff Road and are 2.83, 2.43, and 2.00 acres in size.
In addition to the above work, we have re-designed the storm water system to direct nearly all
storm water, through grassed swales, into the restoration area. There have also been
approximately 3,190 linear feet of grassed swales added to the plan (mostly on the rear of the
lots) to off-set the loss of Waters of the Us during the ditch filling.
At this time we are requesting your modification of the original 401 Water Quality Certification
to include the above items. I thank you in advance for your prompt attention to this matter.
Please feel free to contact me if you should have any questions.
Sincerely; _-
David A. Syster
President
Cc: Ms. Angie Pennock; ACOE Regulatory Division, Wilmington
Mitchell and Associates, 110.
ENVIRONMENTAL CONSULTANT N
3973 B Market Street • Wilmington, N.C. 28403 •910.254.0602 • Fax: 910 03
[e-mail] s®
March 27, 2003
Ms. Angie Pennock
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, NC 28402-1890
Re
Dear Ms. Pennock:
MAR 9 7 2003
WATER QUALITYSE
CTlON
Seaspray Landing
New Hanover County
Mitchell & Associates, Inc. has been retained by Dallas Harris Real Estate Construction to resolve
outstanding regulatory issues at Seaspray Landing Subdivision. Seaspray Landing is located west of
Military Cutoff Road and south of Station Drive, Wilmington, New Hanover County, North Carolina.
The North Carolina Department of Water quality became concerned with ditches constructed in wetlands
at Seaspray Landing. These ditches were constructed during the time period in which excavation in
wetlands was not regulated by the state or federal agencies. NC DWQ has determined that construction
of the ditches was in violation of the 401 Certification issued for the construction of Seaspray Drive.
Both my client and DWQ have worked diligently to resolve the outstanding issues associated with the
ditches present at Seaspray Landing. The resolution involves restoration work on site, as well as off site
preservation. Approximately 5 acres of land at Seaspray Landing will be replanted and the hydrology
reestablished by filling many of the existing ditches. In order to off-set the impacts to of Waters of the
US designated ditches, approximately 3,190 linear feet of grassed swales will be constructed within this
phase of the subdivision. In order to insure that an adequate water budget is present to maintain wetland
hydrology within the restoration area, the majority of the storm water for this phase will be directed into
the restoration area through grassed swales. Offsite preservation includes 3 areas of land within Moore's
Creek water shed. These tracts are all located within Covil Estates Subdivision across Military Cutoff
Road and are 2.83, 2.43, and 2.00 acres in size.
At this time we are requesting your approval of the attached NWP 27 and mitigation plan. I thank you in
advance for your prompt attention to this matter. Please feel free to contact me if you should have any
questions.
Sincerely, _
David A. Syster
President
Cc: Mr. Danny Smithl, DWQ Raleigh
Mitchell and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, N.C. 28403 • 910.254.0602 • Fax: [phone]
[e-mail]
Seaspr-.q.1.y Landing
Mitigation Plan
Draft v.4
Requested By:
Dallas Harris Real Estate Construction, Inc.
Post Office Box 551
Wrightsville Beach, NC 28480
Prepared By:
Jennifer Burbank
David A. Syster, M.S.
Mitchell & Associates, Inc.
3973 B Market
Wilmington, NC 28403
March 15, 2003
Seaspray Landing Mitigation Plan
March 15, 2003
Introduction
2
Dallas Harris Real Estate Construction Company, Inc. (Dallas Harris) has undertaken development
activities within Seaspray Landing, a 55 acre tract located adjacent and west of Military Cutt-off
Road, North of Old MacCumber Station Rd., Wilmington, New Hanover County, North Carolina.
Mr. Harris has received a notice of violation from the N.C. Division of Water Quality regarding
certain development activities at the Seaspray Landing property.
The N.C. Division of Water Quality (DWQ) and Mr. Harris presently are working to resolve all
outstanding issues associated with development activity to-date within the Seaspray Landing project.
The DWQ has identified areas within Seaspray Landing which it believes are subject to state
wetlands use standards and that DWQ believes have been adversely impacted by development
activity. Mr. Harris has retained Mitchell & Associates, Inc. To prepare a suitable mitigation plan
to resolve all outstanding DWQ concerns. This proposal is neither an admission nor denial of
pending enforcement matters, but an effort to resolve all outstanding issues.
Impacted Site
The area of concern is located in Seaspray Landing west off of Military Cutt-off Rd., Wilmington,
New Hanover County, North Carolina. The areas of concern to DWQ are located on the south side
ofthe existing subdivision (Figure 1.). At the present time no jurisdictional wetlands exist. Ditches
within the tract do exist, and ditch bottoms have been classified as Waters of the United States by
the US Army Corps of Engineers (ACOE). Completion of the proposed subdivision requires that
several existing ditches be filled. Ditch bottom fill constitutes the only present direct impacts
proposed to waters of the state associated with the project. The ditch bottoms proposed to be filled
run linearly for approximately 2,858 ft. and are 3ft. or less in width, yielding a total area to be filled
of 8,574 sq. ft. or 0.22 acre.
Indirect past drainage impacts associated with the existing ditches that are of concern to DWQ are
difficult to determine due to overlapping effects of regional drainage associated with off-site
development and other environmental conditions. Factors other than ditches constructed within the
site may have been a contributing factor to the site's hydrology. A historical boundary line ditch
runs linearly for 1110 ft. Through the impacted area, allowing for a 50 ft. zone of influence
perpendicular to the ditch. It is reasonable to assume that the ditch may be responsible for
approximately 1.3 acres of drainage. Although it is impossible to positively assess the effects of all
such influences on the site's hydrology, clearly some effects are present. Legal uncertainties
surrounding proper application of state wetland use standards to non-federal drainage activities
further complicate the situation. Therefore, Mr. Harris is proposing to off-set direct and indirect
impacts on a best effort, compromise method rather than attempting to determine a direct ratio of
impacts versus mitigation.
The area of concern was once a palustrine, shrub-shrub, broad-leaved evergreen, pocosin habitat.
Seaspray Landing Mitigation Plan
March 15, 2003
Historically (pre-project) the site was utilized for forestry practices.
Soil types present in Seaspray Landing include Murville fine sand (Typic Haplaquods) and Leon
sand (Aeric Haplaquods). Both soil types can be characterized as being poorly to very poorly
drained and are predominately sand. These soils are nearly level and are found on flats and within
depressions (Figure 2.).
Vegetation present in Seaspray Landing pre-project included: Aristida spp. (Wire grass), Pteridium
aquilinum (bracken fern), Ilex coriacea (tall gallberry), Myrica cerifera (wax myrtle), Osmundia
cinnamomea (cinnamon fern), and Pinus taeda (loblolly pine). Presently, vegetation at Seaspray
Landing is limited to Pinus taeda (loblolly pine) due to development activities and mowing.
The hydrology in the entire project area has been historically altered. The history of ditches and
bedding associated with pre-project forestry practices and more recent ditching has influenced the
hydrologic regime to the point that none of the project area has wetland hydrology today. Ground
water monitoring wells have been in place at Seaspray sine June 1999 the data indicates that the site
no longer possesses wetland hydrology.
Mitigation
As identified in the memorandum of agreement between the USACE and US EPA (15 November
1989), acquisition and preservation of existing wetlands is favored for corridor protection and as a
means to hedge against future destruction or unfavorable habitat impacts. Preservation also insures
that wetlands endemic to the region will remain and continue to provide the functions and values
associated with them. The mitigation proposed below includes restoration and preservation.
Restoration Area
(+/- 5 acres, 3,190 linear feet of swales)
The first proposed mitigation area includes sections within Seaspray Landing previously ditched.
A contiguous +/- 5 acres will be utilized as a restoration project to off-set potential impact concerns.
Although a number of ditches in this area will remain to manage storm water runoff, a number of
ditches will be filled as shown on the attached map. Additionally, approximately 3,190 linear feet
of swales will be constructed within this phase of the subdivision. Restoration plans for this area
are discussed later under Restoration. (Figure 1.)
Preservation Areas
(+/- 7.3 acres)
The second area of proposed mitigation consists of 2 sites located in Covil Estates subdivision.
Covil Estates is located off of Covil Farms Road, New Hanover County, North Carolina. The first
area of Covil estates being proposed for mitigation is located between Vistamar Drive, Buff Circle,
Seaspray Landing Mitigation Plan 4
March 15, 2003
Acer Court and Old Fort Road (Figure 3.). This site is adjacent to the north, south and west of an
already existent conservation area. Wetlands are of the flood plain variety and part of the drainage
pattern of Moores Creek which is located to the east of the site.
Typical vegetation associated with creek drainage ways is present including Taxodium distichum
(bald Cypress), Arundinaria gigantea (giant cane), Nyssa sylvatica (water tupelo), Salix nigra (black
willow), Liquidambar styraciflua (sweetgum), Quercus Nigra (water oak), Cyrilla racemiflora (titi),
Sphagnum spp. (Sphagnum moss), and Osmundia cinnamomea (cinnamon fern).
Soils located within this area are Johnston (Cumulic Humaquepts) and Kenansville fine sand (Arenic
Hapludults). Johnston series soils are very poorly drained hydric soils typically found on flood
plains. Kenansville soils are well drained soils typically found on upland flats (Figure 4.).
Wetland hydrology is evident at this site where the Johnston soils are located. Hydrology has been
altered only slightly by recent development of the surrounding area. The system appears to receive
its hydrologic input from overbank flooding during storm events as well as runoff from the adjacent
upland areas.
The second area is a hardwood dominated flood plain wetland associated with Howe Creek. This
area is 4.43 acres in size and is located northeast of the end of the cull-de sac of Key Point Drive and
south east of the clubhouse for Wessex Estates (Figure 5.). Two acres of this mitigation area extend
across Covil Farm Road and parallel Smugglers Court (Figure 6). This site is presently considered
to be jurisdictional wetlands by the ACOE and it is proposed that it be permanently preserved.
Soil types within this site include Johnston (Cumulic Humaquepts) and Stallings fine sand (Aeric
Paleaquults). Johnston series soils are very poorly drained hydric soils typically found on flood
plains and constitutes the dominate soil found on this site. Stallings soils are poorly drained, consist
mainly of soils formed from marine sediment and are typically found on nearly level interstream
divides (Figure 2.).
Vegetation found in this area consists of: Kudzu spp. (Kudzu), Liquidambar styraciflua (sweetgum),
Acer rubrum (red maple), Nyssa sylvatica (black gum), Pinus serotina (pond pine), Quercus nigra
(water oak), Salix nigra (black willow), Ilex glabra (gallberry), Myrica cerifera (wax myrtle),
Arundinaria gigantea (giant cane), Cyrilla racem fora (titi), Smilax laurifolia (greenbriar), Scirpus
(grass), and Osmundia cinnamomea (cinnamon fern). A small portion of this site is void of
vegetation except for grasses due to the presence of a CP&L easement.
The hydrology at this site is driven by runoff and overbank flooding during storm events along with
fluctuations in the water level of Howe Creek. The site presently exhibits wetland hydrology and
no additional hydrologic input is necessary to maintain wetland function.
The mitigation site is a high quality habitat and provides a number of functions pertinent to wildlife
and water quality. Howe Creek is listed as Outstanding Resource Waters (ORW) and High Quality
Seaspray Landing Mitigation Plan
March 15, 2003
Waters (HQW), therefore, this wetland performs the important function of filtering pollutants before
they reach Howe Creek. In addition it is an optimal location for a diverse variety of wildlife
including resident and migratory species.
Habitat Values
Due to the high quality of both these habitats they provide a number of functions pertinent to
wildlife including many species which migrate through the area seasonally or are in a life history
stage. These wetlands provide a fringe habitat in an area where development will likely occupy the
majority of the surrounding land. The system also functions to buffer water high in pollutants from
runoff associated with the adjacent developed areas.
Mammalian species include: Odocoileus virginianus (white-tailed deer), Vulpes vulpes (red fox),
Urocyon cinereoargenteus (gray fox), Procyon lotor (racoon), Didelphis Virginian (opossum),
Sciurus carolinensis (gray squirrel), and smaller rodents such as the field mouse.
Bird species include: various species of predatory hawks and owls, as well as smaller bird species
such as Turdus migratorius (american robin), Cyanocitta cristata (blue jay), Mimus polyglottos
(mocking bird), Cantopus virens (eastern wood pewee), Parus carolinensis (carolina chickadee),
Thryothorus ludovicianus (carolina wren), Parus bicolor (tufted titmouse), species from the family
Ardeidae (herons), among others. It should be noted that this habitat provides excellent migratory
and resident song bird habitat and nesting areas.
Herpetological species found in the region include: Agkistrodon piscivorus (eastern cottonmouth),
Agkistrodon contortrix contortrix (southern copperhead), Nerodia erythrogaster erythrogaster
(redbelly water snake), Opheodrys aestivus (rough green snake), Elaphe obsoleta obsoleta (black
rat snake), among others. Turtle species in the region include: Terrapene carolina carolina (eastern
box), Clemmys guttata (spotted turtle), Chelydra serpentina (common snapping turtle), and
Kinosternon subrubrum (eastern mud turtle). Many toad species form both the Scaphiopus
(spadefoot) and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true
frogs) families. Various species of salamanders from the Ambystoma (mole salamanders),
Notophthalmus (newts), and Plethodon (wood salamanders) families. Anolis carolinensis (green
anole) is also found in the region.
Preservation and Protection
Ultimately, the intent of this enhancement package is to subject the described mitigation parcels to
a conservation easement. Recent urban impacts within and adjacent to the conservation sites
increase the need for preserving wetland functions in a natural state. In addition, continued
availability of Nationwide or General 404 Permits to surrounding property owners increase the
possibility of further degradation of the wetland and its associated functions. Preservation of this
Seaspray Landing Mitigation Plan 6
March 15, 2003
land will provide significant vital resource protection in the lower reaches of the Cape Fear River
watershed.
In order to insure perpetual protection of the mitigation sites, Mr. Harris is proposing a permanent
conservation easement be placed on the properties. The easements will be designed to ensure
perpetual preservation of the property and will be held by the respective homeowners association.
Restoration
As previously mentioned, the mitigation parcel located in Seaspray Landing has previously been
ditched and mowed, altering the hydrology and vegetative composition of the site. Mr. Harris
therefore proposes to restore this 5+ acre area back to its previous pre construction wetland status,
and then monitor the site ensure it meets the criteria for wetland status.
The first step in restoring this area involves returning wetland hydrology to the area. Mr. Harris
plans to fill in the majority of remaining ditches on site (see attached map) to reintroduce water to
the area. The surrounding land will consist of grass swales to drive the water into this area prior to
reaching a storm water retention pond. Storm water from the majority of the subdivision will be
directed through velocity reduction devices and through grass swales along Royal Bonnet Drive.
A ditch will also be constructed along the backs of lots 15 - 28 to collect storm water which will flow
from this ditch to a culvert under Royal Bonnet Drive.
The next step in the restoration process is to re-vegetate the land with native wetland plant species
that were historically located on site and compatible with the soil type and water regime of the site.
As previously mentioned, this area was historically a pocosin type environment consisting of
deciduous shrubs, evergreen pines and a few hardwood tree species. Therefore, the following
species are good candidates to plant: Pinus taeda. Pinus serotina, Gordonia lasianthus, Persea
borbonia, Cyrilla racemiora, Quercus nigra, Salix nigra, Cyrilla racemiflora, Nyssa biflora, and
Fraxinus pennsylvanica. A minimum of 680 trees per acre will be planted, with no one species more
than 20 percent of the total.
Monitoring and Success Criteria
To ensure the successful restoration of this site, long term monitoring will be required. The key in
attaining the desired wetland restoration is to assure every measure will be taken to provide the
conditions necessary for wetland hydrology to develop in order to establish the desired vegetation.
Vegetative counts, soil characteristics, and hydrologic regimes will be monitored for a five year
period. Annual site visits will be conducted and findings will be reported thereafter.
The success criteria of this mitigation site will be based on the 1987 Army Corps of Engineers
Wetlands Manual. The mitigation site will be deemed successful once it meets the three wetland
parameters outlined in the manual and as further described in this section.
Seaspray Landing Mitigation Plan
March 15, 2003
Vegetation
7
Vegetative data will be gathered including survival data of the planted specimens and the presence
of nuisance species. Species diversity and composition will be noted. For success criteria to be met,
we would expect a survival rate of 320 planted trees per acre after 3 years, and 260 trees per acre
after 5 years. No one species should account for more than 20% of the composition. Any areas that
do not meet these requirements will be spot-planted.
Hydrology
Hydrologic monitoring within the site will consist of determining the water level at various locations
across the site to verify the presence of wetland hydrology during the growing season. Monitoring
wells will be installed to a depth of 20 inches and will be sealed with sand and bentonite. These
wells will take a daily reading of the water table depth and this data will be processed into graphs
and plotted against National Weather Service rainfall data for the area. Success criteria of the
hydrologic parameter requires the site to exhibit one or more of the primary indicators; or two or
more of the secondary indicators of hydrology as outlined in the 1987 Army Corps of Engineers
Wetlands Manual for twelve percent of the growing season under normal conditions (e.g. normal
rainfall, normal temperatures, etc..).
Soils
Hydric soils are present and their hydric conditions will be enhanced as a result of restoring the site's
hydrology. This will be accomplished by allowing runoff from portions of the subdivision to enter
the mitigation area. Monitoring wells placed within the mitigation area will be utilized to ensure that
normal wetland hydrology is present.

Office Use Only: Form Version A 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N, ather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
NWP 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Dallas Harris Real Estate Construction, Inc
Mailing Address: Post Office Box 551
Wrightsville Beach, NC 28480
Telephone Number: 910.686.3622 Fax Number: N/A
E-mail Address: N/A
2. Agent 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: David A. Syster
Company Affiliation: Mitchell & Associates, Inc.
Mailing Address: 3973 B Market Street
Wilmington, NC 28403
Telephone Number: 910.254.0602 Fax Number: 910.254.0603
E-mail Address: dsyster(a,mitchell-associates.org
Page 1 of 9
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: Seaspray Landing
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Seaspray Landing
Directions to site (include road numbers, landmarks, etc.):
Take Market Street North to Station Drive. Make right turn onto Station Drive and
follow to the intersection of Station Drive and Military Cutoff Road. Project is located
on the right.
5. Site coordinates, if available (UTM or Lat/Long): N/A
(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. Describe the existing land use or condition of the site at the time of this application: The
land is currently undeveloped with existing ditches, classified as `Waters of the US'
running through portions of the property.
7. Property size (acres): Area of concern is approximately 12 acres insize.
8. Nearest body of water (stream/river/sound/ocean/lake): Howe Creek
9. River Basin: Cape Fear
Page 2 of 9
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httL://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Resolution to enforcement action.
11. List the type of equipment to be used to construct the project: Heavy machinery, i.e.
track hoes, bulldozers and etc.
12. Describe the land use in the vicinity of this project: Residential
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.
1.) Action ED 200000716 JD 5.) Action ID 199502580 NWP 26
2.) Action ID 199800644 Pre App 6.) Action ID 199403975 Enforcement Action
3.) Action ID 199800286 NWP 26 (.94 acres)
4.) Action ID 199800170 JD
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No future project plans exist, this will be the final phase of Seaspray Landing
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
Page 3 of 9
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
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***
1.) Fill (285811) 0.22 No 1500 ft Ditch Waters of the US

* 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 b"://www.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.)
List the total acreage (estimated) of existing wetlands on the property: Approx. 0.25 acres
Total area of wetland impact proposed: approximately 0.22 acres
2. Stream Impacts, including all intermittent and perennial streams
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)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Page 4 of 9
Cumulative impacts (linear distance in feet) to all streams on site: N/A
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
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.)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
This hermit is for restoration of wetlands. The only impacts associated with the permit
are ditch fill in order to restore wetland hydrology and all other wetland impacts have been
avoided. Minimization of project impacts has been achieved by utilizing fill in only those
ditches within the project area and not attempting to pull in water from other adjacent
wetland areas and/or their sources for water.
Page 5 of 9
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/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The proposed mitigation plan associated with this permit application utilizes both
restoration and preservation. The restoration aspect of the plan is designed to hydrate
and re-vegetate an area of wetlands, which had been ditched in the past. This portion
of the mitigation plan requires the site be monitored over time to ensure success criteria
are met. In addition approximately 3,190 linear feet of grassed swales will be
constructed to off-set impacts associated with the proposed ditch filling.
The preservation associated with the permit application designates areas along Howe
Creek and its tributaries as conservation area that will be preserved in perpetuity.
These preservation areas are located north and east of Seaspray Landing in Covil
Estates and
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
Page 6 of 9
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/)M/l*ndex.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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Page 7 of 9
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* scare feet Multiplier Required
1 N/A 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone z extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
XI. Stormwater (DWQ Only)
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.
No impervious surfaces are proposed within the restoration or preservation areas.
XII. Sewage Disposal (DWQ Only)
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.
Stormwater within the proposed subdivision will be directed into both wetlands and
stormwater ponds. Water that accumulates during periods of flooding will leave the
mitigation area and be directed into the adjacent stormwater ponds.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
Page 8 of 9

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).
At this time we are requesting the Corps timely review of this permit application. The
applicant has spent a great deal of time addressing the concerns of all agencies involved
and would be appreciative for any effort to expedite its completion.
(may - J/d7162
Applicant/Agent's Signatur ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
IZavis:on.
pia O Peacription 1=y
NOt, to 5cale Vata:5eptam6ar 10, 2002 rroject # :W99-89 Prawn Dy: V-Mv1c1 5gwmb?-r
Soil Survey
Seaspmy Landing, Phase 111
Preservation Area Adjacent to Moores Creek
Wilmington, North Carolina
Mitchell and Associates, Inc.
3973 B Market Street
Wilmington, North Carolina 28403
Office [phone] Fax [phone]
U.S. ARMY CORPS OF ENGINEERS
. WILMINGTON DISTRICT
Action Id. 1178 06Zr6G % County Ncw FWaho?•c?
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner Dc! ks [1 ctrr s S geed f- 5-646-
Address 1 E ryAl'C,0:'r ' COtAlr k
Telephone No. 10'In R(o - W, zz-
Size and Location of project (water body, road name/number, town, etc.)
GcK. Wei oss M?\t ct" --0". S lrS SO,,kl aQ- N) C- 17/m4ev-PI+
1?c,we Cr?e,K
Description of Activity 'r0 co,-i ytiCA- Road( i„ *C..1JS +0 tcw1AV(.e. A Gc,css '?-o Applicable Law: --'/-?,,_Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
N `'V Z G Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section
404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water
quality certification from the N.C. Division of Environmental Management, telephone [phone]. For any
activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date 11
Corps Regulatory Official Mr, CZ\n M, S? rGw1O,r Telephone No. X10 25 -
Expiration Date of Verification 13 D? c Qivlnbe r Ml?!,
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Forth 591
Re-sed July 1995
F N1ArF Michael F. Easley, Governor
oWilliam ? G. Ross Jr., Secretary
G North Carolina Department of Environment and Natural Resources
Cn 1?- Alan W. Klimek, F.E., Director
} Division of Water Quality
December 2, 2002, 2001
New Hanover County
DWQ Project # 021835
Seaspray Landing
Dallas Harris Real Estate Construction, Inc.
APPROVAL of 401 Water Quality Certification, ADDITIONAL CONDITIONS, WRP
Dallas Harris Real Estate construction, Inc.
Post Office Box 551
Wrightsville Beach, NC 28480
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material in 0.1 acres of ditches/waters as depicted in the Pre-Construction Application dated October
25, 2002 for the restoration of wetlands on a tract know as the Seaspray Landing located along Military
Cutoff Road in Wilmington, North Carolina in New Hanover County. After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification Number 3353. This
certification allows you to use Nationwide Permit Number 27 when the Corps of Engineers issues it. In
addition, you.should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA
permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except
as modified below. If you change your project, you must notify us and you may be required to send us a
new application. If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. In order to prevent violations of the turbidity standards (50 NTU's in streams and rivers not
designated as trout waters by DWQ; 25 NTU's in all saltwater classes, and all lakes and
reservoirs;) compliance with the Division of Land Resources is required.
2. Approved erosion and sedimentation control devices and practices which equal or exceed
those outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
(available from the Division of Land Resources in the DEHNR Regional or Central Offices)
shall be properly implemented.
3. Waste, spoil or fill shall not be placed, dumped or located in wetlands or waters beyond the
footprint of ditches proposed for fill as depicted in Pre-Construction. Notification Application
dated October 25, 2002 and the site plans labeled, Site Grading, Drainage, Erosion Control
Stormwater Management and Utility Plan by Tripp Engineering, dated 09-11-02.
4. The ditches proposed to be filled, as depicted in the Pre-Construction Notification dated
October 25, 2002, are required to be filled, returned to natural grade, and maintained with
stable dense vegetated cover. Further, within 180 days of the issuance date of this
AT%
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands
certification, written confirmation must be provided, confirming the back-fill of ditches has
been completed.
5. Three tracts are indicated in the Pre-Construction Notification package dated October 25,
2002 for preservation. These preservation areas are depicted on three maps (all dated August
30, 2002) labeled as Covil Estates and include 2.83, 2.43 and 2.00 acres of preservation. The
preservations of the wetlands, in perpetuity, on these respective tracts are requirements of this
Certification.
6. Within 60 days of receipt of this Certification it is required that the Wilmington Regional
Office of the Division of Water Quality be provided maps that clearly indicate the
preservation areas.
7. Within 60 days of receipt of this Certification, it is required that documentation of the
recordation of a protective conservation easements (or a similar mechanism) of the three
Covil Estates preservation tracts be provided to both the Central Office and the Wilmington
Regional Office of the Division of Water Quality to insure no future impacts occur on the
preserved tracts.
8. All erosion and sedimentation control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources (or delegated
program) releases the project or the project is determined to stabilized.
9. For a period of two (2) years, following the completion of your efforts to back-fill ditches,
monthly inspections must be conducted and a written record maintained for possible DWQ
review. Specifically, your records should depict whether the back-filled ditches are stable,
returned to natural grade and whether the wetland hydrology has been restored. If additional
restoration efforts/repairs are required, they must be completed and the Regional Office staff
must be notified in writing of these efforts.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
cc
Corps of Engineers Wilmington Fiel
DWQ - Wilmington Regional O
Central Files
401 Wetland Unit - Danny Smith
David A. Syster - 3973 B Market Street
Wilmington, NC 28403

021835
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 021,835
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing R
OCT 2 9 2002
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
OUP
W I
? Section 10 Permit ?
TY SECTION
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
NWP 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Dallas Harris Real Estate Construction, Inc
Mailing Address: Post Office Box 551
Wrightsville Beach, NC 28480
Telephone Number: 910.686.3622 Fax Number: N/A
E-mail Address: N/A
2. Agent 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: David A. Syster
Company Affiliation: Mitchell & Associates, Inc.
Mailing Address: 3973 B Market Street
Wilmington, NC 28403
Telephone Number: 910.254.0602 Fax Number: 910.254.0603
E-mail Address: dsyster(a),mitchell-associates.org
Page 1 of 9
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: Seaspray Landing
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Seaspray Landing
Directions to site (include road numbers, landmarks, etc.):
Take Market Street North to Station Drive. Make right turn onto Station Drive and
follow to the intersection of Station Drive and Military Cutoff Road. Project is located
on the right.
5. Site coordinates, if available (UTM or Lat/Long): N/A
(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. Describe the existing land use or condition of the site at the time of this application: The
land is currently undeveloped with existing ditches, classified as `Waters of the US'
running through portions of the property.
7. Property size (acres): Area of concern is approximately 12 acres insize.
8. Nearest body of water (stream/river/sound/ocean/lake): Howe Creek
9. River Basin: Cape Fear
Page 2 of 9
(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/mVs/.)
10. Describe the purpose of the proposed work: Resolution to enforcement action.
11. List the type of equipment to be used to construct the project: Heavy machinery, i.e.
track hoes, bulldozers and etc.
12. Describe the land use in the vicinity of this project: Residential
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.
1.) Jurisdictional Determinations -13 July 1999 & 7 January 2000
2.) NWP #26 ACOE ID # 199800286 DWO Project # 970949
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No future project plans exist, this will be the final phase of Seaspray Landing
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
Page 3 of 9
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
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**
1.) Fill > 1/10th No 1500 ft Ditch Waters of the US

* 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 ht 2://www.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.)
List the total acreage (estimated) of existing wetlands on the property: > 1/3 acres
Total area of wetland impact proposed: > 1/10th acres
2. Stream Impacts, including all intermittent and perennial streams
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)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapguest.com, etc.).
Page 4 of 9
Cumulative impacts (linear distance in feet) to all streams on site: N/A
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody

applicable)
(if Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
This hermit is for restoration of wetlands. The onlv impacts associated with the hermit
are ditch fill in order to restore wetland hydrology and all other wetland impacts have been
avoided. Minimization of proiect impacts has been achieved by utilizing fill in only those
ditches within the project area and not attempting to pull in water from other adjacent
wetland areas and/or their sources for water.
Page 5 of 9
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/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The proposed mitigation plan associated with this permit application utilizes both
restoration and preservation. The restoration aspect of the plan is designed to hydrate
and re-vegetate an area of wetlands, which had been ditched in the past. This portion
of the mitigation plan requires the site be monitored over time to ensure success criteria
are met.
The preservation associated with the permit application designates areas along Howe
Creek and its tributaries as conservation area that will be preserved in perpetuity.
These preservation areas are located north and east of Seaspray Landing in Covil
Estates and
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
Page 6 of 9
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hqp://h2o.enr.state.nc.us/w1p/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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
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 ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Page 7 of 9
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* Impact
(square feet Multiplier
Mitigation
1 N/A 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.
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.
N/A
XI. Stormwater (DWQ Only)
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.
No impervious surfaces are proposed within the restoration or preservation areas.
XII. Sewage Disposal (DWQ Only)
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.
Stormwater within the nronosed subdivision will be directed into both wetlands and
stormwater ponds. Water that accumulates during periods of flooding will leave the
mitigation area and be directed into the adjacent stormwater ponds.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
Page 8 of 9
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).
L'/uw i& /v Ws o
Applicant/Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
Mitchell and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, N.C. 28403 • 910.254.0602 • Fax: [phone]
[e-mail]
October 23, 2002
Ms. Angie Pennock
Wilmington Regulatory Field Office
Post Office Box 1890 021835
Wilmington, NC 28402-1890
Re: Seaspray Landing
New Hanover County
Dear Ms. Pennock:
Mitchell & Associates, Inc. has been retained by Dallas Harris Real Estate Construction to resolve
outstanding regulatory issues at Seaspray Landing Subdivision. Seaspray Landing is located west of
Military Cutoff Road and south of Station Drive, Wilmington, New Hanover County, North Carolina.
The North Carolina Department of Water quality became concerned with ditches constructed in wetlands
at Seaspray Landing. These ditches were constructed during the time period in which excavation in
wetlands was not regulated by the state or federal agencies. NC DWQ has determined that construction
of the ditches was in violation of the 401 Certification issued for the construction of Seaspray Drive.
Both my client and DWQ have worked diligently to resolve the outstanding issues associated with the
ditches present at Seaspray Landing. The resolution involves the restoration work on site, as well as off
site preservation. Approximately 5 acres of land at Seaspray Landing will be replanted and the
hydrology reestablished by filling many of the existing ditches. Offsite preservation includes 3 areas of
land within Moore's Creek water shed. These tracts are all located within Covil Estates Subdivision
across Military Cutoff Road and are 2.83, 2.43, and 2.00 acres in size.
At this time we are requesting your approval of the attached NWP 27 and mitigation plan. I thank you in
advance for your prompt attention to this matter. Please feel free to contact me if you should have any
questions.
Sincerely,
David A. Syster
President
Cc: Mr. Danny Smith; DWQ Raleigh
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Soil Survey
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Preservation Area Adjacent to Moores Creek
\ Wilmington, North Carolina
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Soil Survey
Seaspray Landing, Phase III
RCsorat on and Preservation Areas
Wilmington, North Carolina
Mitchell and Associates, Inc.
3973 B Market Street
Wihnington, North Carolina 28403
Office [phone] Fax [phone]

Mitchell and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, N.C. 28403 •910.254.0602 • Fax: [phone]
[e-mail]
021835
Seaspnay Landing
Mitigation Plan
Draft v.3
Requested By:
Dallas Harris Real Estate Construction, Inc.
Post Office Box 551
Wrightsville Beach, NC 28480
Prepared By:
Jennifer Burbank
David A. Syster, M.S.
Mitchell & Associates, Inc.
3973 B Market
Wilmington, NC 28403
i OCT 2 9 20x2
WET!_ANnS eq0UN
SF 17
September 10, 2002
Seaspray Landing Mitigation Plan
September 10, 2002
Introduction
2
Dallas Harris Real Estate Construction Company, Inc. (Dallas Harris) has undertaken development
activities within Seaspray Landing, a 55 acre tract located adjacent and west of Military Cutt-off
Road, North of Old MacCumber Station Rd., Wilmington, New Hanover County, North Carolina.
Mr. Harris has received a notice of violation from the N.C. Division of Water Quality regarding
certain development activities at the Seaspray Landing property.
The N.C. Division of Water Quality (DWQ) and Mr. Harris presently are working to resolve all
outstanding issues associated with development activity to-date within the Seaspray Landing project.
The DWQ has identified areas within Seaspray Landing which it believes are subject to state
wetlands use standards and that DWQ believes have been adversely impacted by development
activity. Mr. Harris has retained Mitchell & Associates, Inc. To prepare a suitable mitigation plan
to resolve all outstanding DWQ concerns. This proposal is neither an admission nor denial of
pending enforcement matters, but an effort to resolve all outstanding issues.
Impacted Site
The area of concern is located in Seaspray Landing west off of Military Cutt-off Rd., Wilmington,
New Hanover County, North Carolina. The areas of concern to DWQ are located on the south side
of the existing subdivision (Figure 1.). At the present time no jurisdictional wetlands exist. Ditches
within the tract do exist, and ditch bottoms have been classified as Waters of the United States by
the US Army Corps of Engineers (ACOE). Completion of the proposed subdivision requires that
several existing ditches be filled. Ditch bottom fill constitutes the only present direct impacts
proposed to waters of the state associated with the project. The ditch bottoms proposed to be filled
run linearly for approximately 1,188ft. and are 3ft. or less in width, yielding a total area to be filled
of 3,564 sq. Ft. or less than 1/10 acre.
Indirect past drainage impacts associated with the existing ditches that are of concern to DWQ are
difficult to determine due to overlapping effects of regional drainage associated with off-site
development and other environmental conditions. Factors other than ditches constructed within the
site may have been a contributing factor to the site's hydrology. A historical boundary line ditch
runs linearly for 1110 ft. Through the impacted area, allowing for a 50 ft. zone of influence
perpendicular to the ditch. It is reasonable to assume that the ditch may be responsible for
approximately 1.3 acres of drainage. Although it is impossible to positively assess the effects of all
such influences on the site's hydrology, clearly some effects are present. Legal uncertainties
surrounding proper application of state wetland use standards to non-federal drainage activities
further complicate the situation. Therefore, Mr. Harris is proposing to off-set direct and indirect
impacts on a best effort, compromise method rather than attempting to determine a direct ratio of
impacts versus mitigation.
The area of concern was once a palustrine, shrub-shrub, broad-leaved evergreen, pocosin habitat.
Seaspray Landing Mitigation Plan
September 10, 2002
Historically (pre-project) the site was utilized for forestry practices.
Soil types present in Seaspray Landing include Murville fine sand (Typic Haplaquods) and Leon
sand (Aeric Haplaquods). Both soil types can be characterized as being poorly to very poorly
drained and are predominately sand. These soils are nearly level and are found on flats and within
depressions (Figure 2.).
Vegetation present in Seaspray Landing pre-project included: Aristida spp. (Wire grass), Pteridium
aquilinum (bracken fern), Ilex coriacea (tall gallberry), Myrica cerifera (wax myrtle), Osmundia
cinnamomea (cinnamon fern), and Pinus taeda (loblolly pine). Presently, vegetation at Seaspray
Landing is limited to Pinus taeda (loblolly pine) due to development activities and mowing.
The hydrology in the entire project area has been historically altered. The history of ditches and
bedding associated with pre-project forestry practices and more recent ditching has influenced the
hydrologic regime to the point that none of the project area has wetland hydrology today. Ground
water monitoring wells have been in place at Seaspray sine June 1999 the data indicates that the site
no longer possesses wetland hydrology.
Mitigation
As identified in the memorandum of agreement between the USACE and US EPA (15 November
1989), acquisition and preservation of existing wetlands is favored for corridor protection and as a
means to hedge against future destruction or unfavorable habitat impacts. Preservation also insures
that wetlands endemic to the region will remain and continue to provide the functions and values
associated with them. The mitigation proposed below includes restoration and preservation.
Restoration Area
The first proposed mitigation area includes sections within Seaspray Landing previously ditched.
A contiguous +/- 5 acres will be utilized as a restoration project to off-set potential impact concerns.
Although a number of ditches in this area will remain to manage storm water runoff, a number of
ditches will be filled as shown on the attached map. Restoration plans for this area are discussed later
under Restoration. (Figure 1.)
Preservation Areas
The second area of proposed mitigation consists of 2 sites located in Covil Estates subdivision.
Covil Estates is located off of Covil Farms Road, New Hanover County, North Carolina. The first
area of Covil estates being proposed for mitigation is located between Vistamar Drive, Buff Circle,
Acer Court and Old Fort Road (Figure 3.). This site is adjacent to the north, south and west of an
already existent conservation area. Wetlands are of the flood plain variety and part of the drainage
pattern of Moores Creek which is located to the east of the site.
Seaspray Landing Mitigation Plan 4
September 10, 2002
Typical vegetation associated with creek drainage ways is present including Taxodium distichum
(bald Cypress), Arundinaria gigantea (giant cane), Nyssa sylvatica (water tupelo), Salix nigra (black
willow), Liquidambar styraciflua (sweetgum), Quercus Nigra (water oak), Cyrilla racemiflora (titi),
Sphagnum spp. (Sphagnum moss), and Osmundia cinnamomea (cinnamon fern).
Soils located within this area are Johnston (Cumulic Humaquepts) and Kenansville fine sand (Arenic
Hapludults). Johnston series soils are very poorly drained hydric soils typically found on flood
plains. Kenansville soils are well drained soils typically found on upland flats (Figure 4.).
Wetland hydrology is evident at this site where the Johnston soils are located. Hydrology has been
altered only slightly by recent development of the surrounding area. The system appears to receive
its hydrologic input from overbank flooding during storm events as well as runoff from the adjacent
upland areas.
The second area is a hardwood dominated flood plain wetland associated with Howe Creek. This
area is 4.43 acres in size and is located northeast of the end of the cull-de sac of Key Point Drive and
south east of the clubhouse for Wessex Estates (Figure 5.). Two acres of this mitigation area extend
across Covil Farm Road and parallel Smugglers Court (Figure 6). This site is presently considered
to be jurisdictional wetlands by the ACOE and it is proposed that it be permanently preserved.
Soil types within this site include Johnston (Cumulic Humaquepts) and Stallings fine sand (Aeric
Paleaquults). Johnston series soils are very poorly drained hydric soils typically found on flood
plains and constitutes the dominate soil found on this site. Stallings soils are poorly drained, consist
mainly of soils formed from marine sediment and are typically found on nearly level interstream
divides (Figure 2.).
Vegetation found in this area consists of. Kudzu spp. (Kudzu), Liquidambar styraciflua (sweetgum),
Acer rubrum (red maple), Nyssa sylvatica (black gum), Pinus serotina (pond pine), Quercus nigra
(water oak), Salix nigra (black willow), Ilex glabra (gallberry), Myrica cerifera (wax myrtle),
Arundinaria gigantea (giant cane), Cyrilla racemiflora (titi), Smilax laurifolia (greenbriar), Scirpus
(grass), and Osmundia cinnamomea (cinnamon fern). A small portion of this site is void of
vegetation except for grasses due to the presence of a CP&L easement.
The hydrology at this site is driven by runoff and overbank flooding during storm events along with
fluctuations in the water level of Howe Creek. The site presently exhibits wetland hydrology and
no additional hydrologic input is necessary to maintain wetland function.
The mitigation site is a high quality habitat and provides a number of functions pertinent to wildlife
and water quality. Howe Creek is listed as Outstanding Resource Waters (ORW) and High Quality
Waters (HQW), therefore, this wetland performs the important function of filtering pollutants before
they reach Howe Creek. In addition it is an optimal location for a diverse variety of wildlife
including resident and migratory species.
Seaspray Landing Mitigation Plan
September 10, 2002
Habitat Values
5
Due to the high quality of both these habitats they provide a number of functions pertinent to
wildlife including many species which migrate through the area seasonally or are in a life history
stage. These wetlands provide a fringe habitat in an area where development will likely occupy the
majority of the surrounding land. The system also functions to buffer water high in pollutants from
runoff associated with the adjacent developed areas.
Mammalian species include: Odocoileus virginianus (white-tailed deer), Vulpes vulpes (red fox),
Urocyon cinereoargenteus (gray fox), Procyon lotor (racoon), Didelphis Virginian (opossum),
Sciurus carolinensis (gray squirrel), and smaller rodents such as the field mouse.
Bird species include: various species of predatory hawks and owls, as well as smaller bird species
such as Turdus migratorius (american robin), Cyanocitta cristata (blue jay), Mimus polyglottos
(mocking bird), Cantopus vixens (eastern wood pewee), Parus carolinensis (carolina chickadee),
Thryothorus ludovicianus (carolina wren), Parus bicolor (tufted titmouse), species from the family
Ardeidae (herons), among others. It should be noted that this habitat provides excellent migratory
and resident song bird habitat and nesting areas.
Herpetological species found in the region include: Agkistrodon piscivorus (eastern cottonmouth),
Agkistrodon contortrix contortrix (southern copperhead), Nerodia erythrogaster erythrogaster
(redbelly water snake), Opheodrys aestivus (rough green snake), Elaphe obsoleta obsoleta (black
rat snake), among others. Turtle species in the region include: Terrapene Carolina carolina (eastern
box), Clemmys guttata (spotted turtle), Chelydra serpentina (common snapping turtle), and
Kinosternon subrubrum (eastern mud turtle). Many toad species form both the Scaphiopus
(spadefoot) and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true
frogs) families. Various species of salamanders from the Ambystoma (mole salamanders),
Notophthalmus (newts), and Plethodon (wood salamanders) families. Anolis carolinensis (green
anole) is also found in the region.
Preservation and Protection
Ultimately, the intent of this enhancement package is to subject the described mitigation parcels to
a conservation easement. Recent urban impacts within and adjacent to the conservation sites
increase the need for preserving wetland functions in a natural state. In addition, continued
availability of Nationwide or General 404 Permits to surrounding property owners increase the
possibility of further degradation of the wetland and its associated functions. Preservation of this
land will provide significant vital resource protection in the lower reaches of the Cape Fear River
watershed.
In order to insure perpetual protection of the mitigation sites, Mr. Harris is proposing a permanent
conservation easement be placed on the properties. The easements will be designed to ensure
Seaspray Landing Mitigation Plan 6
September 10, 2002
perpetual preservation of the property and will be held by the respective homeowners association.
Restoration
As previously mentioned, the mitigation parcel located in Seaspray Landing has previously been
ditched and mowed, altering the hydrology and vegetative composition of the site. Mr. Harris
therefore proposes to restore this 5+ acre area back to its previous pre construction wetland status,
and then monitor the site ensure it meets the criteria for wetland status.
The first step in restoring this area involves returning wetland hydrology to the area. Mr. Harris
plans to fill in the majority of remaining ditches on site (see attached map) to reintroduce water to
the area. The surrounding land will consist of grass swales to drive the water into this area prior to
reaching a storm water retention pond.
The next step in the restoration process is to re-vegetate the land with native wetland plant species
that were historically located on site and compatible with the soil type and water regime of the site.
As previously mentioned, this area was historically a pocosin type environment consisting of
deciduous shrubs, evergreen pines and a few hardwood tree species. Therefore, the following
species are good candidates to plant: Pinus taeda. Pinus serotina, Gordonia lasianthus, Persea
borbonia, Cyrilla racemiflora, Quercus nigra, Salix nigra, Cyrilla racemiflora, Nyssa Mora, and
Fraxinus pennsylvanica . A minimum of 680 trees per acre will be planted, with no one species
more than 20 percent of the total.
Monitoring and Success Criteria
To ensure the successful restoration of this site, long term monitoring will be required. The key in
attaining the desired wetland restoration is to assure every measure will be taken to provide the
conditions necessary for wetland hydrology to develop in order to establish the desired vegetation.
Vegetative counts, soil characteristics, and hydrologic regimes will be monitored for a five year
period. Annual site visits will be conducted and findings will be reported thereafter.
The success criteria of this mitigation site will be based on the 1987 Army Corps of Engineers
Wetlands Manual. The mitigation site will be deemed successful once it meets the three wetland
parameters outlined in the manual and as further described in this section.
Vegetation
Vegetative data will be gathered including survival data of the planted specimens and the presence
of nuisance species. Species diversity and composition will be noted. For success criteria to be met,
we would expect a survival rate of 320 planted trees per acre after 3 years, and 260 trees per acre
after 5 years. No one species should account for more than 20% of the composition. Any areas that
do not meet these requirements will be spot-planted.
Seaspray Landing Mitigation Plan 7
September 10, 2002
Hydrology
Hydrologic monitoring within the site will consist of determining the water level at various locations
across the site to verify the presence of wetland hydrology during the growing season. Monitoring
wells will be installed to a depth of 20 inches and will be sealed with sand and bentonite . These
wells will take a daily reading of the water table depth and this data will be processed into graphs
and plotted against National Weather Service rainfall data for the area. Success criteria of the
hydrologic parameter requires the site to exhibit one or more of the primary indicators; or two or
more of the secondary indicators of hydrology as outlined in the 1987 Army Corps of Engineers
Wetlands Manual for twelve percent of the growing season under normal conditions (e.g. normal
rainfall, normal temperatures, etc..).
Soils
Hydric soils are present and their hydric conditions will be enhanced as a result of restoring the site's
hydrology. This will be accomplished by allowing runoff from portions of the subdivision to enter
the mitigation area. Monitoring wells placed within the mitigation area will be utilized to ensure that
normal wetland hydrology is present.
Mitchell and Associates., Inc.
ENVIRONMENTAL CONSULTANTS
3973 B Market Street • Wilmington, N.C. 28403 •910.254.0602 • Fax: [phone]
[e-mail]
October 23, 2002 ---
2 12002
Mr. Danny Smith
Wetlands 401 Certification Unit
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604-2260
Re: Seaspray Landing
New Hanover County
Dear Mr. Smith:
Mitchell & Associates, Inc. has been retained by Dallas Harris Real Estate Construction to resolve
outstanding regulatory issues at Seaspray Landing Subdivision. Seaspray Landing is located west of
Military Cutoff Road and south of Station Drive, Wilmington, New Hanover County, North Carolina.
As you know, the North Carolina Department of Water Quality (DWQ) became concerned with ditches
constructed in wetlands at Seaspray Landing. These ditches were constructed during the time period in
which excavation in wetlands was not regulated by the state or federal agencies. NC DWQ has
determined that construction of the ditches was in violation of the 401 Certification issued for the
construction of Seaspray Drive.
Both my client and your office have worked diligently to resolve the outstanding issues associated with
the ditches present at Seaspray Landing. The resolution involves the restoration work on site, as well as
off site preservation. Approximately 5 acres of land at Seaspray Landing will be replanted and the
hydrology reestablished by filling many of the existing ditches. Offsite preservation includes 3 areas of
land within Moore's Creek water shed. These tracts are all located within Covil Estates Subdivision
across Military Cutoff Road and are 2.83, 2.43, and 2.00 acres in size.
At this time we are requesting your approval of the attached NWP 27 and mitigation plan. I thank you in
advance for your prompt attention to this matter. Please feel free to contact me if you should have any
questions.
Sincerely,
avid A. Syster
President
D
Cc: Ms. Angie Pennock; ACOE Regulatory Division, Wilmington
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r 1 6 \ ~ _ / ~ UNITEp REBRAL PALSY ° ~f 1 ' . ~ r~ C~AI>l.. , s~.
d ~ ~ ~ ~5N ~.r. CA R f'~t~- ~ t OUNA ~ ~ ,INC. t . BOOK 1559, PAGE 1428 ~ y.:
r, ~ G r ~ ~ , I i 9,
1, : ~s ~ ~ r r ` ~ /r r N, G ~28~8C} ~ + 1 r 1 4V I~~ r \ I I (/M}Y V ff'®®~~ ~.~~((7j~~//]],~ff//''~~//ff~~~~ 3 JI, ~ k ? ; S "r.
- ~ ~ CERTIFICATE 4F THE U,S ARMY C RP r 0 S OF ENGINEERS; . ~
~ i°l~Al~p 13Y: ~P~F~tINARY4 I~f~t F ~
tlilS PIAT ~ . ; ~ ~ ' , , h: . THIS PLAT IDENTIFIES AS WETLANDS ALL ARIAS OF NOS c(~I~' , ; ~ ; ` , Wk'Ti,A t ~ • » ~ ~ ~ t~ ~
: REGUI'ATEO PtlR AN T ° ~ ~ ~ ~ n SU T. 0, SECTION 4Q4.Or` :THE CLEAN WATER ~ , ~ Y , ,
~t~ ACT AS ACT AS DTfRf~1 Y + ~ ° NED $ THE UNOERSIGiV~O ;ON TI~I$ ~t~TE. THIS ~ e~, , Y
DET~°Rt~~A 71t~~ t'1F' ~'~T3t'1~1 tt'1d :u ~?tcnl~+Ttn~1 ?i ~ w rsc. nci ~cn ~ d \ 1 .~1~ ~ _ : . ' , " ~ Lr.. ~ i r
fl slow UPON FOR ' VVf41MV%/.ISVI~ UPON Ft1R , I D Nab' T. X ? ~ ' ~a' " ~ ~
r (S DE ca cEEQ EaRS aM r~~s aA T . ? ' ~ r. jp^/J{ r~~s a~ rs~;~f" was ~~o~ u~uz~~c T~+F caps a~ ~
Mix 11#1 ENOI DEUNEA1TaN fAA1tJ 'L. ;
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i.
ail Ise iyuer's Certification
"i harehy certify that this plan has been prepared in REVISIONS
„~:~-nufiuc:e with the latest Wi lml ngton Standards and YI N0. 1 Date Description By
Sp;s~(irations for Stormwater Manaycment and Chapter 20 of ~ RIM 30.0 the ('ode of Ordin es o t City of Wilminyton." 15' INV. 26.75 50• R.QIK
INV. BOX 26.0
Signature: Priuted Name and Ti e. Ph' ~ G. Trip , P.F;__ - - - r~k~ 5" F.E.S. INV 26.75
Uate: Q• ~OZ Registration Number. 17314 U ~ W/5x10 x12 ED ~ s•
(2) Owner's/Developer's Certification SUM 15" RCP Jy I
"T/We hereby certify that. any clearing, grading, construction 100 VEGETA AREA ~ b i3
or development, or all of these, will be done pursuant to thls plan and that the applicable SLormwater Management ~ ~
conditions and requirements of the City of Wilmington, the ~
'Late of North Carolina and the Federal Government and its agencies are hereby made part of this plan." STREET CROSSING - ' SECTION A A
signature: _ Nl$ q
Printed Name and Titlet~-John Haker /Member Manager
Date: ~ ~ ~
b PROPOSED CI No. 5 ~snwoo eao Hwr 74
i RIM MATCH EXISTING
' j~77) , CURB GRADE 31.21
' - O' INV. MATCH EXISTING EXISTING SSMH 42" RCP 25.61
~ 7~3'~ ~ 67 EXI'. _J NTS
EXI' «r ~ ~ ~ ~ EXISTING CB TO BE CONVERTED -
68 BE - 69 ~ TO TO AN TRAFFI '
lEi; ~ ~ 7E~, ~ - BEA BEARING M 0 ~ ~ ~ ~ - - ~ A \
S CUT AND RESTORE i AN
~ISTING ASPHALT, ~ ~ K D R 1~N0~ 4 r 1 ,,R
\ 77i 71 \ ~ ~ ~ - -
f S ~1T AND REMOVE / _ \ ~ E NG CURB & / ~ OS pF. ~ j 15 ~ ~ ' ~ % ~ 20%:3 H
~ ~ ~ ~ ~ 7 Ei GUT~ER~ TO PROVTD ~ 1
i ` 7a FOR,t4EW NTERSE TION / ~ti . ~ 1 ' t ~ `~1 1 ~ W B5 ~ ^ ~ ~1 1
~ ~ / / / / EASF RAY LANDING jj~, ~ PROPOSED CI No. 4 / ~ pII~Y S~CTI . L~ _ - ON TEMPORARY '?s L' Q
\ RIM MATCH EXI NG GRAVEL ~JS I N
t3~1) ~ CURB GRADE / LIMITS 0 W CONSTRUCTION 6ti' . F DISiURBANC,E a ~
INV. MAT EXISTING / ~ / / ENTRANCE ~ . ,OPEN SPACE •s, ~9 I Z ti ~
4 t i 1,~ 2 R 25.9 /
/ / ~ % ~ ~ 1 TAPPING i / S VE - 56'67•S.~r 5A ~y S{' ,fig. 'PQ ~ L) ~ • SITE DATA I
l t1, ~ ~ ~ / ti;~tt)r~ TAPPING id'~ij ~ ~ / TOTAL ACREAGE + i--i ~ ~ti 13.99 ACRES ; ,
VALVE ~ s ~ o ~V / ~ , ' I ~ ~ t~ s ~ 2 / ZONING R-15 ~ - F+
(H O i ~ / ~ N / N I DENSITY 2.0 UNITS ACRE _ Q I•-~ N / - F~ ROPOSEf~ 5' SIDEWALK , _ ! 28 LOTS ®3,000 SF EACH 84,000 SF
bt~ .25i2 PROPOSED ASPHALT 47,111 SF , U1 Z9 ti'~ PROPOSED CONCRETE 20 322 SF ~ ~ ~ Q
~ a ~ OPEN SPACE ~ i •~e \ / ~Ow f Ji) ; ~ 9 2 r1T ~ ( ~ ~ 1 ~ Q m ~ uLSTURBED AREA 10.9 Ac ~ + ~ ~ I
,1~' ``yy s G~ nruG ~cf, i~ ~ ~ ;
. / I e , ~ ~ E Fl , _ w
/ / ~ a ~ ~ ~ , ~ ~ I _ ~ ~ ~ v ~ s ~ l E~ I--I
s ~ ~ • b . - ~ V ~a 1 ~ s ~ ~ I 1~l _ O ~ ~ W Z _ 3
ti l ~ / 3z I t / / ,.w r ' ~ SSMH to ~ I _ W
v ~ 27 ? ' ~ '~o ~ 25 ~ ~ ` ~ ~ . 1 ~ ~ ~ I ~ '
\ ~ ~ PROPOSED 5 SIDEWALK I ~ ~ U i r ~ A ~ • W
~ / 24 _ - i ~ ~ _ + ~ ~
/ ~ ~ ~ / ~ : ~ ~ - 4 ~ ~ .
; / 22 J~ / - ~y. ~ ~ ~ ~ ~ r I 1
` 1 p - / \ ~ ~ 6S . g63 0~ 1• ~ 1~,..~ J ~ ~ Fk~~ ~ ~ ~ I Q
. . ~ ` ~ 1 I, l...l w eF ~ ~ LIMITS OF ~ ~ Z
I F 1 •n \ l et' . ~ N _ ~ V OFD 9 ~ ` D S ~ El`(ISTING I TURE3ANCE N
T ~'J' ` oe LIMI S OF DISTURBANCE ~ ~ / '0 SDMN N0. 1 \ C.I. N0. 2 ~ II( / o , Z 9 wEL2 ~sITE _ GY W 6 I
/ ~ ~ ~ ti ~ 3i. RIM 29.95 ~ / . ~ B RIM 3p.23 y s ~ ~ 1 ' S F . / / . ~ ~ 21 ~ INV. 2.80 ~S~ 1C \ INV. 26.5 ~ ~ 1 2 - Z ~ 5 ~ ~ s I W ~ i a ~ < ~ ~1
e 20' ~DRAI A(~ 20 EASEMEN ~ A ti ~ H Q ~ ~ 1 ~ ~ E"I
N~ 1 • ~ ~ 0 ~ v a
i ~ ~u. ~ ~ g \ ~ ~ o ~ c / ~1 ~ ~ , ~ ~ o U' ~ \ ~ ; ; Z
19 (1) FH ASS. ` , / ~ ~ 4 1 17 ~ ~ . $ , ~ ~ o w ~ H
/ / 18 - 50 ~ ~ a xP a ~ ` ~ $ x8 TE~ Fa+'
/ ~ ~ a~. r 1 ~ C.I. N0. 3 m (2) 8" f N / C.I. N0. 1 \ RIM 29.95 , 0s 1 FH ASS. A / ~ - , . r ~ ~
PROPOSED XA INLET . 1 RIM 29.9 ~ ~ INV. 25.90 MATCH EXISTING ~ ~ ~ * A Na . s - NV. 27.15 R~ A ` " , ~ ~ ~i i~ r~ N / 1 ~ F-I
30 , . SSMH tE ASPHALT GRADE ~ ~f 30'b ~ 18 '0 18 FES NV. 25.75 g F - ~ INV. • 7~ , CONCREI SSMH 1B / ~ ~ ~ ~ _ 1 1 U~ U~ ~ ~ ~ _ ~`-CONCRETE FLUME No. 3 INV 29.5 ~ ' ~ % ~ p~
N , / ~ W 10x15 18 ED 31.51 ,r!r_ 1 / , ~ 1 / ~ ` / 7 W 10x1 M ~ 55 ?C 9 / ~ W 10'x15'x12" ED ~ ~e / / , . ~ , s~ EXISTING DITCH TO B~. SLOPED ~ . ~ rx~ _ ~
9• 8 I 0, .ROPOSED 5 SIDE LK~ ~ / / 1 OPEN SPACE ~ ~ 3:1, CLEANED T PROVIDE POSITIVE ~ \ rn s 0• T ~ ~ - ~ i, w ~ ~
" M ~ E 8 SS TO TIC INTO ~ ~ / ~ / ~ea RE; " -ti ~ - FLOW AND LINED TH EXCELSIER MAT. ~ 30.5 V RESTORATION AREA : ~ ~ ~ 1
EXISTING 8 EXIST3NG 8" P~U s: SSM 1D 'y. 18 FES INV. 2 6 ` / 0 16 ~ 3 ~ ~ j ~p ~Q,51 ' ; ; ~ 1
PLUG o 1 8' GATE a ? f , i9 W/10 x15 18 ED ~ e. v 14 ALVE ,1e ~ ~ .1 5. ~ \ ~ .i ~ ~ \ i ~ i N P _ _
q " ' / , TEMPORARY / 1 " W~ TEMPORARY ~ ' ~ ~ N ao 30.37 d+ ate w
15 Z • 1 / / h GRAVEL o y / ' ~ 26 DRA3~JAGE 13 RETE LUMEN . 2 / ry CONSTRUCTION, GRAVEL / ~ ~ \ O0 ~ ~ CONSTRUCTION 1 iD 3p, / ~ w 14 ~
" _ 0 ~ S ~ . ` I 4 ~sz r ENTRA 0 EAS~lAENT 29. e s ~ / / NCE/ ENTRANCE/ , : \ ~ ` s ~ 0
~J' W/t1'I'~c15'xi2" ED N s . n' ? F ~XISTIN6 DITCH sZ ~ • / ~ 1 VA VE •0 x TEMPORARY 15' F.E.S. INV. 26~ 5 ~ ti ~ ~ ( ) c~ 1 vA vE
~ `i0 BE ED ~ ' 1 2" BLOW GRAVEL W/ 5'x10 x12 ED " . zesa ~ Q" 1, ! ~y~ e / / q 1 2" BLOW QF ,fy'~' ~ ~ \ w ~
ti 1 PROPO CONSTRUCTION ~ ~ e / / w' ~ NTRANCE ~ ETENTION POND \ 1 ~ .-i - \ ~ I o
~ ~ ~ S SSMH 2A ROPOSED 5' SIDEWALK ~ OB 29.5 z
/ y Po FP=28.3 saz • CONCRETE FLUME No. 1 . \ z - a ~ NP-25.25 F . f 5 A \ ~ ~ cd ~ U
` INV. 29. _ , r 25 PUBLI BOTTOM 1925 s, PROPO \ ss W i 'x1 1 5' LANDSCAPI ~s~. PROPOSED ~ ~ ~V ~ ? ~ 1 ~
F SSMH tE / 0 5 2 ED _ - p MAINTENANCE EASEMENT EARTHEN 12 / F \ _ _ . _ - _ _ 't ~ , WITH 3:1 ~ - N EARTHEN PLUG ~t - ~ ~ ~ 1 ~ H ~,~OC7 WITH 3:1 MIN. A ~ ~ ~ ~ ~ ~ rn r1 CO
y + E EASEMENT ~ \ ~ P < . ° 0 ~ OPT p`~ i / ~ v • , ~ ~ SL01 I SLOPE ~ .p ~ ro ~ ~ ~ ~ ~ TST No. 1 N ~ ~ ^ o I ~ a
m ~ c~ 48 FES INV. 24.9 ~ . z c o9 1 ~ ~ p1~P 10'j~ACCE~ / S INV• 24.9 ~ ~ 2 ~ ~ 8.34 a N ry CJ ~ ~
s ~9 / 11 , 0, ryg. 9 OR ~ E SEMENT ~ ~ / ~ , W/15'x20'x2 ' ~ ~ OPEN SPACE ~ , = 6~ \ ~ . 10 ~y ~ ~ I'x2 " ~ ? ~ z ~ z ~ V i ~ ~
~ RESTORATION AREA INV. 2 .25 i - . I I ~ w l' ~ W ' ~ . ' ~ ~ ~ j ~7 2
- ~ ; ? ? n 30" rES INV. 25.25 ~ ~ . 10 , ; I
GREGORY 11[URRAY ~ ~ ~ / , ar NY1~ i W/10 15x18 .D. ~ f CONSTRUCTION CO. W - ' _ I •
~ ~ J~ / ~ m E/ ~ 30' EMERGENCY SPI AY f'~- 753 WWDEMERE ROAD \ / k o SE / ~ ''a INV. 29.0 " tiJ - \ c~~ S s i~ ~ ~ ~ f N ~ ~ ~ ~ ~
EP/ TER PID 5000-003-031-00 , ~ ~ ~ W ~ ~ ' ~ s ~ o I H a S N O
m P~/ , ~z~~, : ~ BY ERS •t 1 P / o,
• ` T F ' X . ~ ~ pR . PROPOSED aooc~ , ~ ~ ti~" L1G EARTHEN PLUG v ~ ~ . \ ~-••I _ _ l~ ' J ~ 26 95 I
c;'' 9 V8 / ~ SF a P ' ~ ~ e WITH 3:1 MI / ti o h~ r AYE d' AYFA LIMITS OF
~ h ~ SLOPE ~ \O~ i ' / / 1 ~ I Z bZ N ~ I b ~ ~ ~ DISTURBANCE ~
9 ~ 1 LIMITS OF DISTURBANCE /OFF;.- ~ ~ ~ ~ ~
9~ Y~~ ~ ~ / ~ ,,G~ P~-. - i ' I ~ ~ -79 j ~0 I
6, ~i ~ I 1 I~~'~I ~ ti
9 c9 mr / ~ ~ s / ' ~ I ~ ~ I • Z ~ ,A
~ • seas , ; - ~ ~ ~ ~ 'p. z / ssZ 1 ~ ~ ~ O _ ~ I ~
,~4 d / , j / / ~ ~ a~
bti ~ '9 / a 04 a NOTES NOTES: ~ ~ o~
~ 1 ~ I
/ <z ~ 1 PRI ) # NO REGULATED TREES ON SITE 1~ 1 PROJECT SHALL COMPLY WITH CITY OF WILMINGTON R ti C OSS CONNECTION ~
. ~ / ; . CONTROL REQUIREMENTS. WATER METERS CANN T ` ~ ~ ~ ~ 0 BE RELEASED UNTIL ALL A
~ PROPOSED EARTHEN PLUG ~ ~ OUI J REQUIREMENTS ARE MET. CALL 343-3910 FOR INFORMATION. ~ 1 6
~ / ,1e? ~ ,y WI~1 3:1 MIN,~SLOPE ~ ~ ~ ~ 6 2) IF 2 IF THE CONTRACTOR DESIRES CITY WA 6~ TER FOR CONSTRUCTION (AFTER MAINS I ti G
NSF _ - HAVE HAVE BEEN EXTENDED TO THIS SITE) HE SHALL APPLY IN ADVANCE FOR THIS ~ ~ ~
~ y ~ ~ ~ ~ ~ ~ ~ ~ SERVI~ i~PILLIAM G. DOBO _ ~ " SERVICE AND MUST PROVIDE A REDUCED PRESSURE ZONE (RPZ) BACK FLOW LEGEND ~
752 WINDEMERE ROAD, < : ~ ~ PREVE P - - ~ ~ ~ = ~ ID 5000 003 003 COQ • ~ ~~s y _ , ~ , 3) AN PREVENTION DEVICE ON THE DEVELOPER'S SIDE OF THE WATER METER BOX. - - _ .o ~ ' ~ E ~ 32- EXISTING CONTOUR ~~i~ 3) ANY IRRIGATION SYSTEM SUPPLIED BY CITY WATER SHALL COMPLY WITH THE . zes3 ~ ~
~ ~ ~ ~ ~ , ~ - I ~ ' CITY'S CITY'S CROSS CONNECTION CONTROL REGU A EXISTING SPOT ELEVATION ~ r L TIONS. CALL 343-3910 FOR o
- INFOR INFORMATION• ~y~• PROPOSED SPOT ELEVATION DATE 03-03-03
4) ALl 4) ALL PAVEMENT MARKINGS IN PUBLIC RIGHT-OF-WAY AND FOR DRIVEWAYS ARE ~ DESIGN PGT
y ~ `I' `I' `I' `I' `I' TO BE ' TO BE THERMOPLASTIC AND MEET CITY AND/OR NCDOT STANDARDS. DROP INLET w/INLET PROTECTION
W W W W W r~ ~ C~ AI I C~ All CT/HIC T\I flllfll T/~ ATM IT nr• uuv gun rnn nnt..rw•..n •n~ _ _ nrnn.uu•te-n n... .G~ N•i I DRAWN JLR
/ NSF ~ I J / nu ,J/ nLL Z)1uiva 11v rUOU%, mi"ni-ur-WAT ATVU AUK UK1VLWATJ AKt IU Mttl r r- JIUKMWAltK KUNUht UIKtI:IIUN C~l m'
GREGORY MURRAY 6IUT O MUTCD (MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES) STANDARDS. o W CONCRETE AREA
1" = 60' 6 NO CO ) NSTRUCTION CO. ~ 6) NO DRIVEWAY CONNECTIONS TO SEA SPRAY DRIVE. 1 I
74y1 WINDEXERE ROAD 7) PIS PID 5000-003-004-00 CLASS 7) PIPE FROM CI NO.2 TO CI NO.1 TO BE CLASS IV RCP. ALL OTHER TO BE x(175) LANDSCAPING w/AREA I CLASS III. 1
8) ALL 8) ALL LOTS TO BE FILLED & PROVIDE A MINIMUM FINISHED FLOOR ELEVATION LIMITS OF DISTURBANCE ATE
OF 31. ~RINTE\D C 1 OF 31.5.
9) ALL 9) ALL FIRE HYDRANTS TO BE LOCATED WITHIN THE PLAZA BETWEEN THE X X TEMPORARY SILT FENCE It
SIDEW SIDEWALK AND THE BACK OF CURB. LIAR 0 4 2003 SHEET 1 OF 3
10) AL 10) ALL EXISTING DITCHES TO BE FILLED ARE WATERS OF THE U.S. 02021

i
i
NOTES: MIDDLE SOUND LOOP RD
1. TOTAL SITE AREA = 2.83 AC f
\ / \ 2. INFORMATION GATHERED FROM VARIOUS DOCUMEN RIOUS DOCUMENTS (SHOWN HEREON) SITE
\ \ AND IS N01 A RESULT OF AN ACTUAL SURVEY. i 3, AREAS SHOWN ARE PROPOSED CONSERVATION AR TUAL SURVEY. p )NSERVATION AREAS FOR SEASPRAY
\ ~ ~ \ LANDING MITIGATION PURPOSES. n
/ tf` i I
~ ~ /
\ C 1 ~ I
1/ ~ , ~A ~ ~
\ \ o ~ / N ~ ~ / ~
~ \ c F i ~ ~ p
~S \ ~ F t 4ii
~ ~ \ ~ F ~
\ ti T \ EL ODGEN ~ MAP BOOK 14 PA 4 EL ODGEN
GE 2 ~ \ MAP BOOK 14, PAGE 42 \
\ I \ / J ~ COVIL v ;
Y
Y I

~ ~i,; J ~ ry
i \ ~ ~ LG7CATI V fV MAF- NOT TO SGALE
o~ \ ~ i
\ ~
~ \ J ~ W \ /
Q ~ I \ s i
~i \ '3' DEED REFERENCE
! ~ ~ N85'iB I ~ ti 100.00' THE CEDARS BOOK 2179, PAGE 465
Y ~ ~ ~ , o \ I MAP BOOK 32, PAGE 229
o titi m i ' AT GORMAN PLANTATION
4 ~ ~ a S46' ~ i
EL ODGEN S12'04'00"W 04 59 W ~ MILDRED F. GREEN 70.07' BOOK 753, PAGE 14 i ~ MAP BOOK 94, PAGE 42 r~ 37.28' ~ I
o
I ~ 'b ~ ~a ~ i
I 1 ~ SD3' ~
~ ~ '41.16' 16 05"E ~ ---I ~ ~ I ~ ~ 4.4 108.19' ~ ~ Pd ml ~ Grp
m x ~
123,328 S.F. 2.83 AC t ~ '~T j ~
~ S~30741"W ~ 65.22'
I I N86' 51'09" W 2aa1o~
SECTI 1 ON
I CONSERVATION AREA THE CEDARS i I p ~ ~ / AT GORMA.N PLANTATION ~
I ~ tv1A~ QCOK X6,1 MAP BOOK 32, PAGE 229 / PAGE 44 ~ 1
tiA S4 s, 2.45' ~1 "E /
DALLAS HARRIS LAND CO LLC 61.49 BOOK 2179, PAGE 465 ~ ~6 ~ ~
k S66'35'19"E
~ 55.84' ~ i /
N26'47'~7"W
Q; 55.81'
o LINE TABLE ~ i '0 9T AFSF~ 54734'45"E ~-~---_._._.I
LINE BEARING LENGTH X00 C~ ,o TQ 53.08'
F~ N ~ L1 N07'22'18;'E 31.14 I I~ F ~
L2 N821 ' 40.4 I - S ~F 9 50 W 9 ~ r~TF
L3 N84'59'34"W 32.31 ~ ~ 9~, F 526'14'52"E S <S L4 N8T23'14"W 2$.53 ~ i F~ 61.45 ~r
L5 N86'10'43"W 39.11 t- ~ I 9~ v ~ Q
J i'6 L6 N57'40'45"W 47.42 ~ ~ A ~
L7 41 ~ ~ / O~=m N1339'00"E 25.34 ~ 1 ~qm~ ~
L8 N41'00'25"E 38,72 ~ I z
L9 I ~ W ~ o~ N07'3$'46"E 44.83 ~ I ~ ~ ~z L10 N21'09'34"E 30.07 ~ ~ ~9A S ~ / ~ ~ ~ ~N
1yJ I I A~I~F~~ ~ ~ ~ UI 1
I ~.1 ~ I 00 C~ AF ~0 ~ ~ ~ ~~~ti
~ ~ JS F Ni ~ - q S~ FF i ~ ~ COW051 MAr
U ~ ~ 9 9T ~ A~• i ~F FS 2 1 OV~p A p0r"1'ION O~
~9~ • '~3
~ ~a ~ ' ~ N80'~'09"E 66 COMIL- r,5rArr,5
~E s I 25.oa ~
I I , , 11ARNET7 ~~,~i soa2~48 E CONSERVATION SCALE: <ARNETT TOWNSHIP NEW HANOVEK COUNTY NORTH CAROLINA SCALE: I 100' AUGUST 30, 2002
45.51(T1E AREA J C3- - - - _ - -
' CCM ~~;i~~ N8T49'S3"W I , v~ CH.287,43'(TIE) CCfd GOp '
DALLAS HARRIS LAND CO LLC j
BOOK 2179, PAGE 465 ~ ~pN1~~~„~~ i PALLAS NApP,1 S p[~AL F-5rA1-r--
G.O, C~Ox 531
I I ~ ~ I t ~i ` ~r+~S~fo ~ ow VA,;6HT5V11-1-F~ ~ /NCH, NC 28480
pp F/,W,~C `V'
~ j I ~ ~ ~ s air I ~ :a 5~~~ r; f+. . Y br E •
~ 4.~0 r s r A~r~o~e w, CAP,50N, PL-5 PC ~
. ti I \ , ~ rrr o su~a~
I ~ J ~ ~ , / r•rr..H•• y, _
PRELIMINARY: I ~ ~ ~a,,,,,,,,~i~~`
SECTION 1 ~ NOT FOR RECORDATION, CONVEYANCES PEPPER TREE ' 40~ NGpTN 1~-flpt~ StP~~1` ~
' ~ ~ Al' COVIL ESTATE WI! MINUrDh~, NC 28401 W
OR SALES PURPOSES. / MAP BooK S ~ 34, PAGE 98 pHON~: <.910) 772-9113
~ FAX: C'al0> 772-912B f
100 100 50 0 100 200 300 400
6
COMPOSITE3.dwq

i
NOTES: i. TOTAL SITE AREA = 2.43 AC t ' - ~ MIDDLE SOUND LOOP RD
R N I ~ 2 INFORMATION GATHERED FROM VARIOUS DOCUMENTS (SHOWN HE EO) ~ ~
AND IS NOT A RESULT OF AN ACTUAL SURVEY. ' ~ ~ ~ ~
/ l ~ / 3. AREAS SHOWN ARE PROPOSED CONSERVATION AREAS FOR SEASPRAY ~
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. rte-
(1) Designer's Certification i REVISIONS
h been re ared in ` I hereby certify that this plan as p p ' i ~ ~ pa{e Description By
e latest Wilmin ton Standards and ~ accordance with th 9 75 ~ ~ \ i ~ .
for Stormwater Mana ement and Chapter 20 of ~ S ecifications g P ~87~
the Code of Ordin es o t City of Wilmington." \ ~~~1 i / ~ / 12
1
Signature: 86 -
me and Ti e. Ph' G. Tri P.E. 68 Printed Na Pp 68
Date: •OZ Registration Number: 17379 ~ ~ 1 X11 \ \ \ 69 \ EXISTING SSMH ~ j ~ \
i ~ _ - 1 \ / - - ~
(21 Owner's/Developer's Certification \ SAWCI ~SAWCUT AND RESTORE ~
EXIST. "I/We hereby certify that any clearing, grading, construction i ~ EXISTING ASPHALT / ~ 66 ~ _ -
e done ursuant to \ or development, or all of these, will b p ~ / ~ ~
77 S CUT AND REty he a licable Stormwater Mana ement this plan and that t pp g \ - ICUT AND REMOVE ~ . ale ~ STING CURB do / i ~ _
the 85 EX STING CURB ~ conditions and requirements of the City of Wilmington, GU R TO PROV R TO PROVIDE - - ~ - - - ' sa sa
State of North Carolina and t}~e Federal Government and its ~8 FOR, N W INTERSI i - N W INTERSE ON _ - - - ~ ~`~3
agencies are hereby made part of th4s plan." ~ ~ ~ 1 ~
+'J \ it \ ~ r / / • ~ / \ ~ i / / TEMPORARY bz , .,PS3s
Signature : M tuber Mana er ~ GRAVEL z` ,
Printed Name and Titlet John Baker / e g • ~ , / / CONSTRUCTION v' LIMNS OF DISTURBANCE M / L 9ti0 •
Date : ~ ' ~ / $4 ~ ~ \ \ ~ / / ~ ~ ENTRANCE ~ . s,
' \ ~ `I / ~ M ~ dy ' ~ / ' '
. ' ~ 79; / / N ° ° SITE DATA H
~ (t~~g~ TAPPING ey •
S EVE • ° ~ TOTAL ACREAGE 13.99 ACRES ^ ~ ~ ~ . c / ZONING R-15 tiro ~1)~ TAPPING .~ti
~~1, X33 ~ \ 1 , ~ / _ - / , j 1 ~ ~ ~ DENSITY 2.0 UNITS ACRE 2 / C7
r . VALVE o ~ ~ N ~ . a 28 LOTS ~ 3,000 SF EACH 84,000 SF
/ ~ ( / i / ~ ry _ . _ _ ~ PROPOSED ASPHALT 47,111 SF e °
~ ~ \ / ~ . ~ ~ / a . Zg.nz PROPOSED CONCRETE 20,322 SF , 28 - , by b ~ ~9
~ ~ • '659 I ~ ~ 9E sa+ i ~ k9 •b~-
d ~ ex~s C.I. N6. 1 ~ ~ 11NG 1 U H
~ 82 - _ - C.I. N0. 2 T " DI~'CH ~ RIM 29.5 0 B EFI I ~
\ ~ ~ 7 LIE~@. / E--~ INV. 27.E RIM 29 5 . ~ a ~ I
/ , ' e9 ~ / , INV. 27.2
~ 91 , / V s r 'p ~ `
~ i ~ .30.32 . al / 3 SSMH 1A ~
/ / o ~ ~ y1, 1 ~ .1 Q 27 ` \ d
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\ 92 ~ i ~ / ~9. ° ~ w
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4~ ~ HITS OF DISTURBANCE / ~ / \ / ~ J'~ ~ E~ISTING H + ~ o. ~ / ~
\ C.I. N0. 3 i3a ~ WELZ,SITE .g / • 6 RIM 29.95 ! ~ /
RIM 30.23 \ / ~ 21 F INV. 26.60 ~ :iMl~ 1C \ ~ . ~ ~ ~i 5 ~ / a+ ~ ~ [-a \ INV. 26.5 ~ ~ 1 I ryo y ~y
/ / / ~ o / ,n ~ / , 20 , \ o g / / / ~ ~ , / H O ~ rye. A W
9 \ a' ~ ; f 1 / ti _ $S` \ w
. ~ , i . /J / ~ 0 O 1I V a ~ / . ~ s~ ~ ~ L'3
46 - ~ , i 19 t F~ Ass.
~ / ~ 4 ~ ~ / / ~ g p ~ /
/ 18 - 5 / " M 1 8x8 TEE ~ / .7986. ~ ' ~ ~ \ / A
~ / ~ •ss , / i r .I. N0. 6 , . RIM 19.95 RIM 29.95 (2) 8 GV / 1 ~ ss /
INV. 25.9( MA H / ~ / / ~ ~ ~ R 29.9 EXISTING \ / _ _ ~ ~ INV, 27.15 RCP ~ INV. 25.90 ~ . (1) FH ASS. . / ~y , ~ ' W
PHA T GRAD 1 t ~ ~ c~ ~ $ 18 FES INV. 25.75 . 25.5 SSMH 1B / . ~ /
~ ~N .r/~, / ,y, ~ ~ , 0x15 18 ED OPEN SPACE / ~ ~ . Yo.eB' > \
/ A• ' ~ ~ ~
~ TIE 8 SS TO INTO 8 ~ ti / s ~ A ~ % ~ i/. ~ 1 /
EXISTING 8 ~ / 1 18 FES INV. 2 6 ~ ~ / ~ / ~ ~ / EXIS'1i iNG 8 P - ~ SSMF~ 1D . PLUG / 'I- o ~ a? 1 18 ~ ~
. ~ ~ ~ ti W/10 x 5 EO o 1) 8 GA~E' C.I. N0. e~ 5~ / 6 . 9. z5 ~ ~ "p •y 5 / /2 TrrbIPOR ~ ~ ' \ ~ ~ •
f ; ALVE RIM 29.9 `Iltr ~ .1 ~ r ~ ! INV. 27,4 ~ q ~ f / '~~~{J~ ~ ~ GRAVEL ~ ~ ~ . ~
/ / ry / / 15 N~ o ~ ~ ~ / / 4.84/ ~ U ~ CONSTRUCTION / , 'r ~ ~
% ~ ONCRETE FLUME 0 / h / ~ e S ~ ~ " / ~ N M ~ t ~ ENTRANCE / ~ ~ •
13 ~ INV. 29.4 ~Ze ~ / ~ i/ - ~ d / (1)8 VA VET ~ _ ~ O
~ W/10x15 x12 ED ~ s . N . ti , ~ TEMPORARY / q N ~ O2 OW OFF ~ d' / . / ~ ~ ap
GRA . z9se '6~ / ~ ~ ~ tit
° CONSTRUCTION •eti / /
• / m~ PR POSED w m~ ~ ENTRANCE . ' ~ TENTION PO / -~i `
. , / 25 PUBLIC SSMH 2A . " MAINTENANCE EASEMENT o TOB=29.5 S8r ' •
/ CONCRE FLUME - t • FP-27.5 ~ ~
/ ~ INV. 29. NP=25.25 \ l ° 19,53 , 5 LA CAPI _ ~s% ~ PROPOSED ~ ~ 1 , ~
/ ~ W/10x15 1 ED _ _ _ _ _ _ _ _ _ EASEMENT B TTOM-19.25 i 12 ~ SSMH 1E _ - l ~5 ; i,~ EARTHEN PLUG ~ \ ~ c~ ~ 1 ` ~ ` ~ ~ i ' ~ WITH 3:1 MIN. ~ ~ ~ U
_ °'I~ ~ I 2~ / / ~ SLOPE ~ 1 O •a 1 ~ (7 07
/ i ~ 48 FES INV. 24.7 1-~i
\ 41 m yc 1 / /
s. r r ~ P S CE E EN ~ / ~ / OEN~PA
- .6~ ~ t . ,1 ~ ~z ~H ~ ~ ~
\ \ - gti / ~ ~ a ~d~ , / ~ ill / n " ~ _ 48 INV. 25.5 , - - 1 _ ~ 1`' i~- Z
GREGORY HURRAY \ ~ ~ ~ ~ ~ / k / m~ N»,2, 4 FES INV. 2, FES INV. 25.05 ~ ~ ~ - 0 O z
~P ~ ~ » CONSTRUCTION CO. \ > ~ ~ ~ ; W/10 x15 x18 E, " ~ - ~ OW 10x15 x18 E.D. S ~ f ti ` _ N C O 01 a
753 t1INDEMERE ROAD \ S,~ \ / ~ / 4 i~ ' ~ » 8" WATER ~ ` , ~ ~
PID 5000-003-031-00 \ / k . / i E~~ . ~ 8 WATT / ~ W o / ~y SEt~ ~ - s BY ~ G (BY _ - U N N - !~I a .
o
~IN - - 1~ ~ ~ 'PROPOSED ~
l \ C ~ EARTHEN PLUG to of J~ gel / \ ' \ ~ WITH 3:1 MIN ~ ~ d' rr CZ, W i I
~ a 0 P/ ~ ~ , / q \ ~ \ \ ~ % ~ ~ SLOPE _ ` ~'I~~I
, y LIMITS OF DISTURBANCE ~ t / i~ ~ i I~ ~ ~ i ,
~ \ 9C \ I / , , , a ~ ~ eta:
~ l
- • F ~ s~ Ep 1 b 2001
\ / / ~
Q D
,~~inuiii~~ ' ~ ~ ~ l ~ CAR ~
.yb ~ ( ''o ~ ~ / -ice . ~ 1 , •'ESSi • / i G •
SEAL
\ / / ~ * NO REGULATED TREES ON SITE ah = cl'
/ ~ ~ O NOTES: ~ ~ 7374 EG D ~ o
/ / /i ? 1) PROJECT SHALL COMPLY WITH CITY OF WILMINGTON CROSS CONNECTION - -•32- - EXISTING CONTOUR
/ ~ ~ / ~ PROPOSED EARTHEN PLUG ~ ~ \,`c ~ \ / s~ ~ 3:1 MI SLOPE CONTROL REQUIREMENTS. WATER MEIER(S) CANNOT BE RELEASED UNTIL ALL ,
_ REQUIREMENTS ARE MET. CALL 343-3910 FOR INFORMATION. • 29.63 EXISTING SPOT. ELEVATION ~~i I~
2 IF THE CONTRACTOR DESIRES CITY WATER FOR CONSTRUCTION AFTER PROPOSED SPOT ELEVATION (i ( ~
o ~ 11II1dAld G. DOBO \ / / ~ y y ~ ~ ~ ~ _ ~o 752 1fINDEMERE ROAD ti ~ , ~ i° _ MAINS HAVE BEEN EXTENDED TO THIS SITE) HE SHALL APPLY IN ADVANCE ~ DATE -11-02 FOR THIS SERVICE AND MUST PROVIDE A REDUCED PRESSURE ZONE (RPZ) DROP. INLET w/INLET PROTECTION DESIGN / GT
~a = b t3 PID 5000-003-003-00 ; i~ ~ ~a BACK FLOW PREVENTION DEVICE ON THE DEVELOPE:R'S SIDE OF 1}1E WATER
STORMWATER RUNOFF DIRECTION DRAWN ~EA METER BOX.
I 21 A?~V 70DTnATTn?~ QVQ7ZU ei inni Ten nv nT7`v ui~7en nuu i nnuni v urtr.~ ~ n.rre• nr nrnr ~nn.?~nr
' dI RI\ I LRRIVM I lV1`1 J ],a ILM .wrr-LiGU D I %,11 1 MI. IGR JI'INL,L %iVMrL 1 III 1Il L1M1IJ Vr UlJ 1URDt%14%,C
THE CITY'S CROSS CONNECTION CONTROL REGULATIONS. CALL 343-3910 FOR TSF INFORMATION. X X X TEMPORARY SILT FENCE
i 4) ALL PAVEMENT MARKINGS IN PUBLIC RIGHT-OF--WAY AND FOR
DRIVEWAYS ARE TO BE THERMOPLASTIC AND MEET CITY AND/OR NCDOT SITE PLAN cl
NIF STANDARDS. ,
GR \4/ RY MUR 5 ALL SIGNS IN PUBLIC RIGHT-OF-WAY AND FOR DRIVEWAYS ARE TO MEET 1 = 50
S~' Tod CON UCTION 0. 740 WIIiDE1tERE ROAD MUTCD (MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES STANDARDS. SHEET 1 OF 3
/EASTWMOOD ROAD ~y lw 5000-00-004-00\J. Ji 6) NO DRIVEWAY CONNECTIONS TO SEA SPRAY DRIVE. 25 0 25 50 100 150 02021
1. IG~aE

~,~v _ _ _ _ _ ~ _ _ . _
~ / NOTES: ~ MIDDLE SOUND LOOP RD
1. TOTAL SITE AREA - 2.00 AC f~ 'ARIOUS DOCUMENTS (SHOWN HEREON)
2. INFORMATION GATHERED FROM VARIOUS DOCUME ~ \ AND IS NOT A RESULT OF AN ACTUAL SURVEY. CTUAL SURVEY.
v ~ ~ CONSERVATION AREAS FOR SEASPRAY
a ~ 3. AREAS SHOWN ARE PROPOSED CONSERVATION ~ h~, ~ LANDING MITIGATION PURPOSES.
~ ~I I', w 9y9~
~ ~ Q O,Q
i~~d ) I ~ I~ ~O ~O
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a dS SECTION 1 'gym ii RA, SNUG HARBOUR
MAP BOOK 33, PAGE 254 ~ Q ° / W SITE
I ~ a ~A ~ Q
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fi~ I ~ 0 J ViL CREEK RD.
I ~ ~
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_ J C_ ~ \ w - ~ ~ i / NOT TO 5C ALE
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_ z OPEN SPACE MAP BOOK 33, PAGE 254 I ~
i N I ~ ~ ~
N~~ / O SECTION 1 \
Ov / / T ~-/-j- t / / S8T55 28" / /7'77 ~ / E 218.64' SNUG HARBOR MAP BOOK 33, PAGE 254
/ / ,
9 / / PEBBLE COVE _ a. ~
MAP BOOK 35, PAGE 363 oNl ~ °o
n. / o~ o ~ rN OPEN SPACE ~
0
Z 87,300 S.F. N8T59'45"W 152.71' 2.00 AC.t Z I
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S89'33'53 W CH.208.87' C0MP051 T'F- MAID
COVIL FARM
ROAD OVr--p A FOrTlON OF
" C ov IL-
- - HARNETT TON RNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
SCALE: 1"= E ALE: 1 60' Fop AUGUST 30, 2002
1 REVISI OF rlq? PAL-A5 HA I?,15 pFAL F-5-"A1-F-
~ ~ KEY COLONY ! p.0, 130X S31
RT COVIL ESTATES GAR .,N9 ~ MAP BOOK 3, PAGE 170 ~SStO , ; VVI?I6HT5VILL1; [31;ACH, NC 28-}80
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GRANDIFLORA ~ WILMINGTON, NC 2B-401 b
PRELIMINARY: COURT \ PHONF-: [phone]
SPIKE RUSH NOT FOR RECORDATION, CONVEYANCES, FAX: [phone]
100' 50' 0 50' 100' 200' 300'
OR SALES PURPOSES. COURT 1oD' ~w
N
caaPOSt~~.awy

I i
NOTES: MIDDLE SOUND LOOP RD I
1. TOTAL SITE AREA = 2.83 AC t ~ ~ 2. INFORMATION GATHERED FROM VARIOUS DOCUMENTS (SHOWI ,UMENTS (SHOWN HEREON) SITE
\ ~ ~ - - AND IS NOT A RESULT OF AN ACTUAL SURVEY. (EY.
3. AREAS SHOWN ARE PROPOSED CONSERVATION AREAS FOR ' )N AREAS FOR SEASPRAY S~ O
~ ~ ~ LANDING MITIGATION PURPOSES.

~o I
\ C ~
CA ~ v,~
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F ~ ~
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~ \ EL ODGEN Q I
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~ MAP BOOK 14, PAGE 42 ~
COVIL
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~ ~ / / 'Q v NOT TO 5CALE
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W
~ ~ Q ~ ~ , a ~ - N85'18'3 "
~ DEED REFERENCE I THE CEDARS BOOK 2179, PAGE 465
~ \ .00' \ O,ti 100 ' A T AT GORMAN PLANTATION
o ~ ~~9 MAP o ~ ` MAP BOOK 32, PAGE 229 I
m \ I
S12'04'00"W S46'04'59"W a EL ODGEN 70.07'
~ MILDRED F. GREEN ~ 37.28' BOOK 753 PAGE 14 MAP BOOK 14, PAGE 42 ~ ~ i
0 m / I
~ 503'16'05"E N
241.16' 108.19' ~
4' " m i
~ i~ 123,328 S.F. ~ I
2.83 AC t S13'0T4t"W I
65.22' ~ N86'S1'Og"W 249.10' \ I
1 SECTION 1 \ I i
CONSERVATION AREA THE CEDARS
MAP BOOK 36, AT GORMAN PLANTATION
44 MAP BOOK 32, PAGE 229 / ~ PAGE tiA S4yy'45' t"E / ~
s' 61.4 ~
DALLAS HARRIS !AND CO LLC 9 BOOK 2179, PAGE 465 Js \ /
~ S66 35'19 E 55.84
~ ~ N26'4T17"W I
~ 55.81
c
o ~i q q S LINE TABLE qp F 547'34'4 "E ti_~ o a ~ Fggc ~
LINE BEARING LENGTH Op p F7I 53,08 ~
L1 N07'22'18"E 31.14 SS FS ~ ~
l2 N8 '19'5 "W 40.49 ~ q r9FF 2 0 q~ ~ S26'14'S2"E 6 i
L3 N64'59'34"W 32.31 F~ S 61.45 ~ ~ L4 N 7'23'14"W 28.53 sy ~
L5 N86'10'43"W 39.11 F- 6,3, ~ i
" O L6 N57'40'45 W 47.42 2 ;~N 7Q
L7 25.34 W ~ m ~ ~ N13'39 00 E ~ ~z
L8 N41'00'25"E 38.72 l~ Woo
L9 N07'38'46"E 44.83 ~ ~ ~ ~ v~ 1 0. 7 Q ~qq q S N ~N L 0 N 1'09'34"E 3 0 W ~ T FqF~ ~ c~ D
Op ~o qtr ~
~ q ~q FF k'S 4 COMp(0511E-l~ MAP
U 9c ~'S 2 F OVER A PORTION OF
'9? ,53"~
~,~~09'E 668 25.04 (11E 5 CovIL_ r,5-rATtE~5
11ARNETT TOWN ,,,NETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
so4'2~'48'E r CONSERVATION SCALE: I I 45.57 (11E SCALE: I 100' AUGUST 30, 2002 I
M ~ AREA ~K / FOp
c~-~~--------- , np~l~~ N8T49'S3"W CH.287.43 (TIE) CCI~ Q~ I
DALLAS HARRIS LAND CO LLC _ I ~///Illu4f,f I~AL ~ AS NAI?R 15 R~ AL ~ 51'A1~
BOOK 2179, PAGE 465 ~ ~~I 4 p,o, r~ox s31
WW,IGHTSVILLF f3 ACH, NC 28480
~ ~ ~ ~ ~ ~ n~ ~ :G, pi?FI'A12F1i Dv.
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PRELIMINARY: ~ ARNOLI) W. CARSON, PL-5 PC p
SECTION 1 ~ 406 NOPTH tHll?n 5Tf2~J;t 7~p ~
NOT FOR RECORDATION CONVEYANCES PEPPER TREE AT COVIL ESTATES WILMINGTON, NC 28401 W
OR SALES PURPOSES. J ~ MAP BOOK 34, PAGE 98 FHONE~: C 910> 772-9113
FAX [phone]
100 50 - 100 50 0 100 200 300 400
coMOO~iEaawy

_ - ~ a- ~ r , • - ,
I
I
NOTES: 1. TOTAL SITE AREA = 2.43 AC f MIDDLE SOUND LOOP RD
2. INFORMATION GATHERED FROM VARIOUS DOCUMENTS (SHOWN HEREON) j
AND IS NOT A RESULT OF AN ACTUAL SURVEY. I
3. AREA H ~ S S OWN ARE PROPOSED CONSERVATION AREAS FOR SEASPRAY rl
LANDING MITIGATION PURPOSES. I REVISION / /
SECTION 1 DEED REFERENCE SECTION 1 SNUG HARBOR / ~~N15
SNUG OR Jv1AP BOOK 34, PAGE 110 BOOK 2179, PAGE 465 MAP BOOK 33, GE 254 ' 01)
BOOK 1918, PAGE 46 ~ SECTION 1 ~ a
~ SNUG HARBOR ~
MAP BOOK 33, PAGE 254
/ ~ v \ ~ Q
~ ~ / / ~ 3
WESSEX CO ~ AT COVIL ESTATES ~S ^ W P~ ~SyFR
~ MAP BOOK 35, PAGE 10 ~r GE 10 j ° MAN CREEK RD.
0 COVIL
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r / L- SI TE
\ /
a Z W
M \ LOCATION MAC NOT TO SGALE
W
Q 01 ~ W I
Q ~ .,J
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SECTION 1 SNUG HARBOR
~ MAP BOOK 33, PAGE 25
I
~ ~ ~ / I
~ \
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~ ~ / WE SEX AT COVIL ESTATES
_M MAP BOOK ~5, PAGE 10

G~
Ngp~4 t8"E
~12~.00
~ COVIL ESTATES AMENITIES _
COMMON ~y Sy AREA, INC ~ ~ ~
Ay ~ MAP BOOK 39, PAGE 103 u', ~ VANTAGE OINT I
A~', F \ MAP BOOK 35 PAGE 324 i
~i I
~ ~ VANTAGE POINT ~ ~ i
MAP BOOK 35, PAGE 324 0 ~b
~ ~ p' q
~ ~ ~ ~ ~ s. ~
\
0 I '
ti~ s6s o ,
~ ~0 8 9. 06 36, F F- ~ REVISION ~B, Z I
~ ~ Y NY ~ H W COMF0511T-:~ MAP
~ AT CO L ESTATES Sg '39 2J W ~ o~ ~ ~ ~ ' • ~ 64.21 6 l,.) ` MAP BO K 33, PAGE 170 k ~ OVr_p A pOt?TION OF
~ u, ~ ~ V F Q
W COViL- F-5-rATF,5
f1ARNETT TOWNSr1
~ ~ ~ :TT TOWN5t11P NEW t1ANOVER COUNTY NORTH CAROLINA LE: I 100' AUGUST 30, 2002
K~ o ~s CL SCALE: I IOC ' ~ p ~ S25'24'3C"E U
~~I, ~ 0 ~ Vr 14.2 FOP
by ~ ~I V~ s
1- 06 4 , P/N- L-AS NAI~~ I S p~ AL 51'A1~
~ REVISIO OF ~ p• 5814 , " P,o 3ox
KEY C ONY ti 8 38 E W 100.Op, AT COVIL ESTATES VWIGHT5VII,L-E BEACH, NC 28480
M P BOOK 3, PAGE 170 Pp~PAF~E ~Y: !
105,668 S.F. ~+p+++~ur~?~~ 2.43 AC f G~'RG(
.a~' ~ ~SSIp 9 0. O :~;0~ ~•y~i : 4~ ;~11
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~ ,~p9Q ~i 3 406 N012,M 1NIt2C 5T F-E-r G
VVILMINGTON, INC 2B401 L
R PRELIMINARY: •Y 3I'30" in '~i C PHONE: [phone]
NOT FOR RECORDATION CONVEYANCES w ° °'~n' GL~++'+ FAX: < 910> 772-9128 t'
> LANDFALL ~ OR SALES PURPOSES. 363,83, 100 50 0 50 0 100 200 300 400
COA(POSIiE2.dwq N
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