20030350 Ver 1_COMPLETE FILE_20030324

WATF Michael F. Easley, Governor
9p
?0F
O (? William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\ Alan W. Klimek, P.E., Director
Division of Water Quality
O ? Coleen H. Sullins, Deputy Director
Division of Water Quality
July 18, 2003
New Hanover County
DWQ # 03-0350
WAIVER of Isolated Wetland Permit
Mr. Chuck Boyette
421 Creekwood Road
Wilmington, NC 28411
Dear Mr. Boyette:
Your application and fee for an Isolated Wetland Permit was received in the Central Office on May 14,
2003. According to our rules [15A NCAC 2H .1304], if final action is not taken within 60 days, the
Certification is waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived
the requirement for a 401 Water Quality Certification for your plans to impact 0.35 acres of isolated wetlands
for dredging of this site as described in your application.
However if additional impact occurs or your development plans change, this waiver is no longer valid
and an Isolated Wetland Permit will be required.
If you have any questions, please telephone John Dorney at 919-733-9646 or Noelle Lutheran at our
Wilmington Regional Office at 910-395-3900.
Cc
Wilmington DWQ Regional Office
Wilmington Field Office Corps of Engineers
Central Files
File Copy
David Syster; Mitchell and Associates

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/ncwctlands
Sincerely,
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Mitchell and Ao
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ENIONMENTAL CONSULTAN Q&A
3973 B Market Street • Wilmington, N.C. 28403 • 910.264.0602 • Fax: 910.264d?
[e-mail]
March 18, 2003
Mr. Danny Smith
Wetlands 401 Certification Unit
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604--2260
l
Dear Mr. Smith:
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Re: Chuck Boyette Pond New New Hanover County
Mitchell & Associates, Inc. has been retained by Mr. Chuck Boyette to resolve outstanding regulatory
issues at his private residence. The subject property is located east of US Highway 17 and north of
Creekwood Road Wilmington, New Hanover County, North Carolina.
As you know, the North Carolina Department of Water Quality (DWQ) and the US Army Corps of
Engineers (ACOE) became concerned with a small pond on Mr. Boyette's property which he was
deepening. Upon inspection of the property, the ACOE has determined that the pond is isolated and
outside their jurisdiction. Mr Boyette then met with you in order to determine what concerns DWQ had
with the project and what remedies where available to him. During that meeting it became apparent that
the pond did fall within the jurisdiction of the DWQ isolated wetland rules. Since that time he has
decided to pursue an `after the fact' isolated wetland permit in order to complete his dredging project.
The pond is approximately 0.35 acres in size and does not have any apparent inlet or outlet. Dredging of
the pond will be done utilizing a large excavator which will remain in high ground throughout the
operation. In order to minimize any potential impacts to waters or wetlands, all spoil material will be
placed in high ground around the pond and stabilized.
Due to the size and nature of the impact, no mitigation has been proposed.
At this time we are requesting your approval of the attached Isolated Wetland Permit. I thank you in
advance for your prompt attention to this matter. Please feel free to contact me if you should have any
questions.
Sin rely,
David A. Syster
President
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
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: Isolated Wetland Dredge
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: Chuck Boyette
Mailing Address: 421 Creekwood Road
Wilmington, NC 28411
Telephone Number: Fax Number:
E-mail Address:
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(ibmitchell-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: N/A Private lot
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: New Hanover Nearest Town: Ogden
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Take NC 17 North from
Wilmington, through Ogden, make a right on Foy's Creek Road. Property is located
approximately .25 miles down Foy's Creek Road on 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:
Presently there is an existing pond with portions dredged deeper than original grade.
7. Property size (acres): 4 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Foy's Creek
9. River Basin: North East 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/mgps/.)
10. Describe the purpose of the proposed work:
To deepen existing pond to increase its resistance to dry up during drought conditions.
11. List the type of equipment to be used to construct the project: Excavator
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.
Initial site visits were made by both ACOE and DWO. ACOE determined that they had no
jurisdiction due to the isolated nature of the system. Upon arrival DWO did determine it
was jurisdictional and requested that all work stop until further notice.
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 additional work within jurisdictional waters or wetlands has been
planned.
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
Page 3 of 9
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
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***
N/A

* 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 hqp://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:.35 acre
Total area of wetland impact proposed: 0
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?
lease specify)
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.
Page 4 of 9
** 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.uslzs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/
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.
1,) Dredge .35 N/A Pond

u A 4:11 Orin dredai-
?? ??w•w••?•• ?b
* List each impact separately and identify temporary impacts. impacts mciuae, our are rroL uiiuLeu LO:
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.
Dredging material will be placed in high ground and stabilized to eliminate and
additional impacts.
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/stringide.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.
Due to the size and nature of the proiect, no mitigation has been proposed at this
time.
Page 6 of 9
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
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/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 )?
Page 7 of 9
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; "Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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.
N/A
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.
N/A
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 ?
Page 8 of 9
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A

Applicant/Agent's Signatur?/ Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
NOW OR FORMERLY
Mrs. N.R. SKIPPER
??? 22i5 E
S47'
275.1 '
WATERS EDGE
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0.35 AC.t
S11'01'10"E
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- - - - -
- - - - - (BASE CONTROL POINT) - 251.53 389,16'
- - L 137.63'
75 15' UTILITY EASEMENT
2'30'34"W 389.16' - -
CREEKWOOD ROAD J - - - - - - - -
(16.5' ACCESS ROAD)
CERTIFICATE OF THE U.S. ARMY CORPS OF ENGINEERS:
THIS PLAT IDENTIFIES AS WETLANDS ALL AREAS OF WETLANDS
REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. THIS
DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED
UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DATE.
THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF
ENGINEERS WETLAND DELINEATION MANUAL.
SIGNED
DATE
JURISDICTIONAL EOUNDARY
OF
LOT 43A OF THE HOLY FOUNTAIN SOCIETY
AS RECORDED IN MAP BOOK 32, PAGE 283 OF THE NEW HANOVER COUNTY REGISTRY
EXCLUSIVELY FOR
CHARLES 0. 50 ? fE, JR.
421 CREEKWOOD ROAD
WILMINGTON, I
HARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA j%A CAR
SCALE: 1" = 80' NOVEMBER 14, 2002 .'""''.??/
.?QFBSS7o .
:4 y.
ISEAL
ARNOLD W. CARSON, PLS PC 9,y ??
0.
406 NORTH THIRD STREET
WILMINGTON, NC 28401 $000
[phone] 4??f ,rGi?
200' 100' 0 100' 200'
(4313?
-ol
NOTES:
1. BOUNDARY INFORMATION TAKEN FROM MAP
RECORDED AS SHOWN HEREON AND IS NOT
THE RESULT OF AN ACTUAL SURVEY BY
ARNOLD W. CARSON, PLS PC.
JM/TR
BOYET T E404.dwg
NOW OR FORMERLY
Mrs. N.R. SKIPPER
275.1x-
WATERS EDGE
;0 1 L- E= G E- N
0 EXISTING IRON (421

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-., 60.00' goo
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--
N59'08'44'E S10'31'48"E -
' 20.37'
3210
?Po,1. sln`
N64'04'28"E S5756'13"W
41.16' 33.02'
S32'22'08 W
•`? 21.09'
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??a•ti 13.07'
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35.62'
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N45'39'27"E
29.21'
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43.42'
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19.26'
N31'20'59"W
32.25'
N25'25'56"W
3033'
r
f D
0.35 AC.t
S11'01'10"E
22.13'
S46'24'33"W
33.27'
10'25'33"W
39.81'
S82'07'29"W
21.48'
3
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389.16' _
- - - - (BASE CONTROL POINT) - 251.53' - - - - - -
137.63' 15' UTILITY EASEMENT
- - - - - _ _ ? _ _ 75 2'30'34"W 389.16' - - - -
CREEKWOOD ROAD J - - - - - - - - - -
(16.5' ACCESS ROAD)
CERTIFICATE OF THE U.S. ARMY CORPS OF ENGINEERS:
THIS PLAT IDENTIFIES AS WETLANDS ALL AREAS OF WETLANDS
REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. THIS
DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED
UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DATE.
THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF
ENGINEERS WETLAND DELINEATION MANUAL.
SIGNED
DATE
JURISDICTIONDAL EOUNDARY
LOT 43A OF THE HOLY FOUNTAIN SOCIETY
AS RECORDED IN MAP BOOK 32, PAGE 283 OF THE NEW HANOVER COUNTY REGISTRY
EXCLUSIVELY FOR
CHARLES 0. BOYEI7E, JR.
421 CREEKWOOD ROAD
WILMINGTON, NC 23411 `,??pu???b?ta /
HARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA CARS
SCALE: 1" = 80' NOVEMBER 14, 2002 0Q'.••"'••"•.
?QOF?SS/oy ti9
4 9•
144 1 ill :-S r- LAM
ARNOLD W. CARSON, PLS PC9 0'
406 NORTH THIRD STREET '• ?sy4.'? •`
WILMINGTON, N9113 3401 ?4, i,C l , •
(910) G
200' 100 0 100' 200' ?lon
NOTES:
1. BOUNDARY INFORMATION TAKEN FROM MAP
RECORDED AS SHOWN HEREON AND IS NOT
THE RESULT OF AN ACTUAL SURVEY BY
ARNOLD W. CARSON, PLS PC.
JM/TR
BOYET7E404.dwg