20070482 Ver 1_CAMA Application_20070319

THE CLARK GROUP
February 20, 2007
Thomas Farrell
ran p,nr
RECEIVED
US Army Corps of Engineers Wilmington District
P.O. BOX 1890
Wilmington, NC 2$402
Dear Mr. Farrell,
~p70482
Geo-Envirovmental Services
Land/Hydrographic Surveys
Forestrf~ Services
MAR il. 9 2007
a~Nk - wA~ ~r~ ou~u.irv
9kETlANpS ANO STORAIWATER BRANCH
'This correspondence is in regard to an application submitted on behalf of Mark and Kimberly Phillips
for a Nationwide Permit 39 (Action ID200632751-010). The subject property encompasses
approximately 6.19 acres adjacent to Town Creek Road (NCSR 1413) in Brunswick County, North
Carolina. The purpose of the permit would be to allow for the construction of three (3) road crossings
through jurisdictional wetlands for the purpose of accessing a single family residence that is currently
under construction by the owner. This is a post notification submittal, resulting from a Notice of
Unauthorized Activity from you dated Apri125, 2006.
As you may recall, we met most recently on the site on December 21, 2006 to discuss the overall scope
of the project and how best to move forward with this particular matter. At that point, we agreed that
temporary impacts could be restored by removing sediment and some vegetative debris from areas
adjacent to the access road. Additional restoration efforts will focus on filling ditch segments in
jurisdictional wetlands immediately adjacent to the access road.
Upon completion of restoration in those adjacent to the road bed, we are requesting a permit for a net
cumulative impact of .38 acres. This impact will pertain strictly to the wetland area filled to create the
actual road bed and was calculated on base width rather than top width. Enclosed with this
correspondence are a series of maps depicting the location and the acreage of these impacts.
Also included is a sediment and erosion control plan prepared by Malpass Engineering of Wilmington,
NC, letter sized drawings of each of the three wetland impacts, with the restoration areas highlighted, a
signed authorization letter from the landowner, and an acceptance letter from the NCEEP regarding our
request for mitigation.
Please review this information and retain it for your files. I look forward to working with you to resolve
this matter and encourage you to contact me with any questions or comments you may have regarding
this package.
Sincerely,
~~'~-
Byron Bateman
Corporate: 5000 Blue Clay Road Castle Hayne, NC 28429 -Post Office Box 10136 Wilmington, NC 28404
[phone] Offce - [phone] Facsimile
www.clarkgroup.us

Office Use Only: Form Version March OS
USACE Action ID No. 200632751-010 DWQ No. v 0 7 0 4 8 2
(lf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
P~l'r~"~fv
Check all of the approval(s) requested for this project: RF(;~~~E~
Section 404 Permit ^ Riparian or Watershed Buffer Rules
Section 10 Permit ^ Isolated Wetland Permit from DWQ
401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^ M
II. Applicant Information ~ ~ ~ ~ ~ " ~ D
1. Owner/Applicant Information MAR 1. 9 2 0 0 7
Name: Mr. Mazk Philli s OENR - WATEa QUALITY
Mailing Address: 1640 Roval Oak Drive, Leland, NC 28451 ArF~
Telephone Number: 910-617-0782 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: The Clark Group
Company Affiliation: Consultant
Mailing Address: Post Off ce Box 10136, Wilmington, NC 28404-0136
Telephone Number: 910-602-3900
E-mail Address:
Fax Number: 910-602-3975
Updated 11/1/2005
Page 5 of 13

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: Upper Town Creek Road
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 05600031
4. Location
County: Brunswick Nearest Town: Winnabow
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmazks, etc.): From Wilmington: Travel
south on US Hwy 17 toward Winnabow. Turn right onto Old Town Creek Road Travel to
terminus of Old Town Creek Road. Turn right onto Town Creek Road. Travel approximately
one mile, passing_Henrytown Road on left. Proiect will be on right side of road
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.1768 °N 78.1129 °W
6. Property size (acres): +/- 6.19 acres
7. Name of nearest receiving body of water: Beaverdam Creek
8. River Basin: Cape Feaz
(Note -this must be one of North Carolina`s seventeen designated major river basins. The
River Basin map is available at l~~t~:;;~`r~2~.v~~.sa=~~~.~z~.~.~s;~~w!~x~r~!~~~~~s,%.)
Updated 11/1/2005
Page 6 of 13

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:_A mix of wooded and single family residentialLprimarily, with
some commercial use.
10. Describe the overall project in detail, including the type of equipment to be used: This
project involved the construction of a dirt road that provides access to an area of high rg ound
at the back of the subject property. Bulldozers and excavators were utilized for the purpose
of clearing the area encompassed by the access road as well as a building lot at the end of the
road. In order to vrovide a stable roadway fill material from the site was placed in three
areas of jurisdictional wetlands. Four culverts were also placed within these areas to provide
flow and circulation to the adjacent wetland system.
11. Explain the purpose of the proposed work: The purpose of this work was to provide a safe
and stable means of access to the building lot at the back of the property The lot is currently
the site of a single family home in which the owner Mr. Phillips will reside upon
completion of the project.
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. This permit application is in response to a Notice of Violation from Mr
Thomas Farrell of the US Armv_ Corps of Engineers Wilmington District Regulatory Division
(USACE Action ID No. 200632751-01011
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
Updated 11/1/2005
Page 7 of 13

VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts to wetlands on this project
site center around the placement of fill material in three separate areas of jurisdictional
wetlands to construct road crossings that will provide access to a single family dwellin to be
occupied by the owner. Each crossing has been culverted. The total area encompassed by
these crossings is +/- 0.38 acre.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and fln~din~_
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Road crossing Forested Yes +/- 1,000 ft 0.05
2 Road crossing Forested Yes +/- 1,000 ft 0.11
3 Road crossing Forested Yes +/- 1,000 ft 0.22

Total Wetland Impact (acres) 0.38
3. List the total acreage (estimated) of all existing wetlands on the property: 0.72 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Updated 1 Ul/2005
Page 8 of 13

Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage) N/A
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on ma)
Name of Waterbody

(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,

ocean, etc.) Area of

Impact

(acres)

Total Open Water Impact (acres) N/A
6. List t
he cumulative impact to all Waters of the U.S. resulting from the roject
Stream Impact (acres): ----------
Wetland Impact (acres): 0.38
Open Water Impact (acres): ----------
Total Impact to Waters of the U.S. (acres) 0.38
Total Stream Impact (linear feet): ----------
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ~ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.):
Updated l l/1/2005
Page 9 of 13

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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. Based upon the orientation of
the property, no other feasible means of access exists. Existing homes to the west of the site
prevent moving the road in that direction. Moving the road to the east or west would incur
similar, or more significant impacts, to the same systems that have already been impacted by the
current design and would force the applicant to attempt to purchase more land.
VIII. MiNgaNon
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 lineaz 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 January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but aze 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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
Updated 11/1/2005
Page 10 of 13

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.
Our request through the NCEEP has been accepted for In-Lieu mitigation, please see
enclosed acceptance letter.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at t~it~:/i~;~~v-~; a~~eeb.n~,t/~a~~s/inlicurc~ulacv.hir;~. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation. requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): 0.40 acre
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No ~C]
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
Updated 11/1/2005
Page 11 of 13

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 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No ~]
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* I ,~~~°paFts,, I Multiplier I Required
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Currently, the onlypervious surface is that
area encompassed by the existing home, which is approximately 1 500 square feet.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Septic tank
Updated 11/t/2005
Page 12 of 13

XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ~ No ^
Is this anafter-the-fact permit application? Yes © No ^
XIV. Cumulative Impacts (required 6y DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
1~ttv:/~'hZo.eru.statc..nc.us/nctivetlands. If no, please provide a short narrative description: This is
a single family residential lot. The home is near completion and the landowner does not intend
to subdivide the area beside his house.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~~~~- ~~ 2 / ZS ~0 7
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated ll/1!2005
Page 13 of 13

Geo-Environmental Services
Land/Hydrographic Surveys
'~~'~1~~.~ n,Y'.l l ~~fi.'i' «~ ~ A~Si1Gl~~ ~'~- - ~~;3r~Y.~•C__.-"1-
T'h%s letter ~.uth®rizes ~~~r~n ~aterrian 9t® aet as agent regarding envlr®nrrienta~
;-natters ~n my behalf
RED Upper Town. creek Road
dark Project # 06420

1~-
o stem
PROGawM
Mark Phillips
1620 Royal Oak Drive
Leland, NC 28451.
January 31, 2007
project: ilpper Tow><w Cteek Rost] County: Btu~nswiclt
0 7 0 482
The purpgsc of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEI?) is willing Co.
aecept payment for impacts associated with the above refarericed project. Please note that this docsion.does.notnssure that
the payment will be approved by the perrrut issuing agencies as mitigation lox pxoiect intpactS_ 'It i'S die~responsibftity of the
applicant to contact these agencies [o determine if payment to the NCEEP will be approved.
~'llis acceptance is valid for six months from the date of this letter. If we have not received a copy of the Issued 404 '
Permit1401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permits} an invoice will be
issued based on the required mitigation in that petzniC and payment must be made prior to conducting the authorized work.
The amount of the In Lieu Fen tq be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policic~
listed at www.nceep.net.
I3ased on the information supplied by you the impacts that may require compensatory mitigation arc summarized in tlae.
following tahlei
Cape Fear
03030005' Stream (feet) Wetlands (acres) $uffcr I
t,Sq. Ft.) Bulger 11
(,Sq. i=t.)
Cold Cvol Warm Ri ari.an Non-Ri arian Coastal Marsh
IIIlpacts 0 0 0 4.40 0 0 0 0
Csc~dits d 0 0 0.80 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, t11e applicant will tweed to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will. be perfortlted,in accordance with the Memorandum of Understanding between the N. C. Departrrtent of
> Environment and Natural Resources and the U_ S. Army Corps of Engineers dated Novcmbcr,,4, 199$. -
If you hive any questions or need additional information, picase contact Kelly Williams at [phone].
Sincerely, p
.!~ - ~~~Gtnr
Willi .Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 lJnlt
Tone Farrell> USACE•Wilmington (#20050028)
Noelle X,.utheran, DWQ•Wilmington
Byron Bateman, agent (elec.)
File
~,e.S~pYGf?a... ~ ~ ... ~'YDt~~ OLLY Stzrt~
~~~
~CDETYR
North Carolina Ecosystem Enhancement Program, 1852 Mai! Service Gsnter, Raleigh, NC 27699-1652 / 919-715-9476 / www.nceep.net
Td Wd~~ : ~T ZOJZ tre 'qaS bZl76~SZ 'ON SNOHd 1,~1SS~if1N Sd I ~~ I Hd WO~iS

FPOhI PHILLIPS NURSEPY PHONE N0. 2539024 Feb. 23 2Ge7 09:09AM P1
2
:s.
4.
5.
6.
7.
S-
9.
7d.
!n accordance with Title 15 NCAC ~W• ~ pap, the Coasts! Stormwater Mana e
restrictions and Aratective covenants are required for !-ow Dens,ty residential
will be subdivided and sold. Deed restrictions and protective covenants area ecess Regulatiflns, deed
developrr,ent maintains a "built-upgn" area consistent with the applicable re ufatiouhdivisions where cats
level, ary to ensure that the
g n governing fhe density
! ~
acknowledge and affiritm by my signature efow, that t will
following deed restric orrs and protective covenants to be
prior to the safe pf any lot: recorded far yV; cause the
~l;
1 • 1`he fallowing covenants are infended tp ensure ongoing compliance with S
Management Permit Number sW8 06agz
NCAC 2H. 7Q00. ~ , as issued by the 17ivisian oftWate~rQwaj;ty under
The State of North Carolina is made a beneficia
maintain compliance with the stormwater management pBrmi f
These covenants are to run w;th the land arrd b ~ dhese covenants to the extent necessary to
under them, fng on at! persons and parties claiming
The covenants pertaining to stormwater may not be altered or rescinded without the e
wriften consent of the State of North Carolina, Division of Water Quality,
Alteration of the drainage as shown an the approved plan may not take place without fh ress
concurrence of the Division of Water Quality,
The maximum allowable built-upon area ~1i~ is ~S• S5 e
includes any built-upon area constructed"wifhin the lot property b un~a f~$t naf than onion ounf
P of the
Rght-of-way between the front lot line and the edge of the pavement. Built upon area includes, but
is naf limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does
not include raised, open -~ood decking, or the water surface of swimming pools.
In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built-upon area for that lot than is shown herein, the
governing maximum built-upon area for that lot shall be fhe most rostrictive of the two.
Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with fhe
development excepf for avenge driveway crossings, is strictly prohibited by any persons.
Each !ot will maintain a 30' wide vegetated buffer between all impervious areas and surface `
waters.
All roof drains steal! temtinate at least 30' from the mean high water mark of surface waters.
Signature: ~,,/
-Date:
the due execution of the foregoing instrument.
a Notary public in the
State of ~
~, County of ~tZQ~-,~
Y .......~~,...:~_~.~
da hereby certify that~J~,~L- ~ ~ ~~ ~~1,
-~personaily appeared
before me this the day of „~~.
. ,-.,,_ .:~., 20 Q,,,,~, and acknowledge
i store
My Commission expires ~lU~ ~
Witness my hand and official seal,
<S r=`;~y
o„ f~ ~o z
GG~7~

FROM PHILLIPS NURSERY PHONE ND. 2539024
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Feb. 23 2007 09:09AM P2
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FROM PH I L~ i N5 NU~~tKY F'HUN~ NU. ~SS~l~~4 Feb. ~.~ ~~~ ( ~'~ : 1 t~Hf'I F'~
v 0 7 0 4 8 2
LI=VEL $pREADE}7 OPERATION AND MAINTENANCE AGRI~~MENT
The (eve( spreader is defined as an elongated, level threshold, designed to diffuse starmwater runoff.
Maintenance~activities shalt be performed as follows:
Z. After construction and until vegetation has been established, level spreader(s) shah be inspected after
every rainfall. Thereafter, (eve! spreader(s) shat( be inspected at least every month and more
frequently during the fall season and after heavy rainfall events:
a. Accumulated sediment, leaves, and trash shall be removed, and repairs made if required.
b. [aspect level spreaders} for ev(dence of scour, undercutting, settlement of the structure, and
concentrated flows downhill from the level spreader(s).
c. A level elevation shall be maintained across the entire flow-spreading structure at a-( times.
Repair or replace the (eve( spreader if it is damaged.
d. Maw vegetative cover to a height of six {6) inches and prune plants if they cover over half of the
Ievef spreader surface.
e. Repair eroded areas and rep(acelrepiantdecd or damaged vegetation.
2. The contractor should avoid the placement of any material on and prevent canstructiori #raffic across
the Structure. If the measure is damaged by Gvnstruction traffic, it shall be repaired immediately.
3. Inspect and repair the collection system (e.g., catch basins, p(pes, swales, r(prap) four (4) times a year
to maintain proper functioning.
( acknowledge and agree by my signature below that I am responsible far the performance of the maintenance
procedures listed above. (agree to notify 17WQ of any problems with the system or prior to any changes to
the system or responsible party.
f~rint name: 1Yi~rk i~ ~ `-~ ~~ ! L;
Title:
Address:
Phone:
Signature:
date:
Nate: The legally responsible party
lots have been sold and a re:
v~
County of ,
personally appeared before me this
auld not be a homeowners assoc(at'ion unless.more than 50% of the
ant of the subdivision has been named the president. _
~, a Notary Public for the State of~~~
hereby certify that ~~~ e~ t ~~~,
~ o~ day of ,, -~:~ „~,^,~~, and acknowledge the due
execution of the forgoing wet jwetlanJt] detention basin maintenancE requirements. Witness my hand and
official seal,
y dR9a"+a95a974a44L~i
SEAL
My commission expires O d q _,_,.
page ] of 1

..
,. ~Q
.. ~ ~n. .,' _ -- -" ~~'t~,, .'tee I ~~~~
492 I ~i ~~v©~~~
WARMNfY OFFB-Faw 21114 crwr.bl nap
NOHTH CAROLINA-SxtINB CODNTY.
TIDS ORRD. Bade th4 37th day oE. July , A. D. 1967
6y Gztar Hsboa aed vtEk ~ Lrlyw Habra,
of Brunsvtek
of me Bert pert, b
Comfy and Sbb of Netth Groliaa,
' Ytlltam Nugh philltpe ~
eA ntG, Cit ~l.Bpbkblil~ipr, of me record park:
COYgb
of Brwartcic Nerth Cerollne,
W11'NFSSEi'H,Tkataaa paettee OE the firtt putt
. (n eonrWaratkq d
Ten ($10.00) Doll ~ and Otlur Ytlwble Cmaldetatlona, ~~yr
b eh.. pdd bl w parttee of the eeeoed part,
me receipt of which 4 kanby iv w bapakd and aald, sad by chess pceamb do Hrank kae8atg,
re0 agd tmvay b eeid rtlaa of the satead patt, theft Bewaotelc
heirs andawtgna,aaatdntract parod of tomb Taw Credo Tovnabip, / Comb. Sbb of North taroitna
edjeletagthrl ~a:+ .
uiokkwv and 6oanded w foBowr, ria:
Beiag Los Number vs (S) of • aubdivlrton of peopetty of Caress 8abon of record to
Hook 8, page 126, tha eEEtoa of tlr Hegianr eE Deeds et Drunevtek Cowty, North Grolfa.,
eoauLtog 17.35 , mon er ire.
l
t~
1
'r,
1; , 4
r8
TO HAVx AND TO HOLD atonwtd tract ar pacoel of kud, and aD privBeBas agd appurteoageri thereto 6eke181ne, b
eke nW part! of the eeeoad pare, ekatc
G .
hsuy and arias., b their onil uw and behor! to»ven /~
~' Aod tM add rttu of the Etrst pare 1
. !mC them rei wa sad ~r
~~~ thkir kek:s. eracotaa a}d admNYknton, covenant Wtk ~ Wrefse of tM ascend part, keir
~t~aaetHna. mat
~ ehq •ro wNd of pwmlwr m!w and ha w rlsht too ~ trot and char
j Erom all Llcumbnnas. and tka7 do herrby loreveen~ i ~ Eao~~~to tM atm.
I agdnet ttu dolma of aH paetor homroavso ~ 1. !In/~n
I, )x T6RTn/oNx wxex maeaW panto o! cha [trot wrt /uvO~~~Sn~{'ci
~ w w henmb ref thatr h.ed . and awl . m. dsy and year ert.bow wrltbn.
~' Attatt
I __.»«........».___»».. _». .._».._»_. .___-_fa;c4i!!94911___._.._._»__...._.._..(Seal)
' _ .._'. -
ri _ HevtgYl~ Stuep~ S _b! ._.__»Harlxng Re4o2i.»_....«_ __.___(Sed)
»»________________°~_» ...~~ --.~»»_ ___»_.__»._»»_....__».«. _.«».» .(Bed)
--------------------------- ~»...»-------------- --------------- --------------------------~---(seat)
~! BTATe OP NOxTR CARD srunt.tck .CO(JNTY.
~i I, .._OtaLta3..Carrlat .tlatagc2ublJerdo.«..._,.BIDfa~~ras_________________ade°7rtp, horok7 artlty tdat
'~ ______Q!if8f_~A(!48_9AA.Jdf9 _lAH7.YAg.884DAh.......'gad'______________________________________________»_______
'~; •kf.+lkrpuswally appwnd hd me fhb day agd aelmoarledHed the due eucatlon of the amazed Deed of Conveyance.
y:,:
(' WiYlenaapiead.aed 'akta ___.21s~_-day d....__..__ D.e®6!r________________»_.. A. D. 1967 ___. ~ r
yf' <N.P.BEAL)Mycommbdea _AL27L6B__...__» _.._.AiCiig_$..Saxilpr________________,NOtaryPUbllt ~~
'..~~, BTATe OF NOR?HoCr a1~. RxUNBPIICx COUNTY. ~ ~ .i
' TM lola8degkortiHwb a »_._4blli9 er_911Cxt8i.«____,__._.»___________________ _
r, t Notary Publla d.....». 0Y1a16..»»«...»......COYaty Btab OE NOrtll CArCDna, Ia Ci=.~.:~d SO Ai COACOt. ~.~5~ ~~.' ~~
~~ 1. Prewatad of rogtaeraetal and raeordod !a this oEEfeo at Eook 188,pags 491. .i
!,
r , ivtlneu~t+7-ht8d'~ Ellb_,~latr,.dry aL»~__»ak/~/00'lat.»_»»»°_-------. d. D. 18_Bl_-' 'r "~,
'Vi'e.' et 6.eteloek 8. M. _~__ rT LrJn~^!-~»»__., .QCt:.et~~il'.^,':.:r:.Co'~t. ~ ;i
}
': ~ filed Ear tagkde'atlm m -dal d'.,.»...r________, 18~" sL_~~_»_o'eWek_~____34., sad eeHle• - ..~ ::
»~»__
~' tared m ms ad!ke d the o! Deady far Brmawt>k Comb. N. C. thkl...._»»_._day oE_»_________w_ ;.. ..
ttt
_, at..».»_.»»~_o't1..4 m $00Y.......«.......et Daeda, m pa8e.»».....«... etC. 'rr '
~ .~
.~__~_»»~..___..»»._________ry BeCiater h.Dwdr, sl
Sruoawtm Caen
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~~
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~~O/,~r~~~~
Brt>nst+f tdr ~tmtY-Register of Deeds
Robert J. Robinson
Ittst 1324726 Book 2368Page-~p187
04/10/2006 11:99;15an Rec/ ~~Q lt~
r•
RE '
TOTAL_ REV TC#_.~._
RECag CKAMT____C
CASH,. REF .BY,
RTH CAROLINA GENERAL WARRANi'y DEED
Excise Tex; Gift Deed
Parcel Identifier No. Verified by County on the _ dsy of , 20_
By:
MaiUBox to: _1620 Royal Oak Dr. Leland, NC 28451 •`No Title Examination/Ooinion requested or rendered+• _
This instrument was prepared by: Richazd F. Green, 2998 Holden Beach Road, S W, Holden Beach, NC 28462
Brief description for the htdex; LT PARCEL 1; 6.19 ACRES TO WN CREEK
THIS DEED made this 7th day of_ Aaril 20 (~ by a~ between
WILLIAM H. PHILLIPS and wife,
GL[NDA J. PHILLIPS
1075 Town Creek Road
Leland, NC 28451
MARK WAYNE PHILLIPS and wife,
KIMBERLY GANEY PHILLIPS
1620 Royal Oak Drive
Leland, NC 28451
The designation Grantor and Grantee as used herein sball include said parties, their heir, suaeasead assigns, and shall inc
singtilu, plural, rmscttline, feminine of neuter as required by context.
WITNESSETH, that the Grantor, for a valuable conaiderationpaid by the Graffiee, the ttce~t of ~ ~ ~j C~J
and by these presents does grant, bargain, sell and convey unto the Grantee in fee sirr~le, all that ~ ' or utua
in the City of Town Creek
moro particululy described as follows: TOa'a+~P. Brunswick County, N p~
BEING ALL of Parcel 1, containing 6.19 acres, as shown on a map prepared by Sherwin D. Cribb, PLS, dated March 27, 2006,
entitled "Map of Survey for William H. Phillips and wife, Glinda J. Phillips", said map being duly recorded in Map Cabinet 34
at Page 451 in the Office of the Register of Deeds for Brunswick County, North Carolina, said parcel having the metes, bounds
and location as shown upon said map.
The property heteinabove descnibed was acquired by Grantor by instrument recorded in Book (88 page 492
A map showing the above described ' ~ ""~:''~~` ~ "~
PAY is recorded in Plat Book page 45~ ~,,
NC Bu Association Form No. L-3 ®1976, Reviad ®1977, 2002
Primed by Agreement with the NC Bu Association -1981 SoftPro ~~'`
Corpoation, 333 E. Su Forks Rd., Raleigh, NC 27609

`~ n Inst g 324726 Book 2368Page: 188
TO HAVEAND 7 a ~y _
in fore s' ~ ~ (~ /n'~~ t or parcr<I of rand and all privileges and appiutemncea theroto belongieg to the Grantee
And the Grantor covenaots~wilJt~ that Grantor is seized of the r
fee simple, that title is rnarkenble sad Aitx and clear ofall P emisee in fee sitr~le, has the right to convey the same in
the Iaafui claims of all persona whomsoever, other than dte foes. and abet Oraator will warrant and defend the title against
rights-of--way of record. Covenants and Restrictions of record. ~8 exceptions: Taxes to be assessed. Easements and
1N WITNESS WHEREOF, the Grantor hors duly executed the foregoing ~ of the day and year fast above written.
t~ ~~ ~1. ' .o . '~ (sEAL)
(Entity Name) WIL AM H. PHILLIPS
]y; -
Title: GLINDA J. P LIPS (SEAL)
sursrgnea Monty Public ofthe County and State aforesaid, certify that
before me this day and aclmowkdged that _he is the

Stale of l~ol~ _ Cq~y, of
afomsaid, oertify that
ay:
Title:
By:
Title:
(SEAT,)
(sBAL)
State of Notth Carolina - County. of Brunswick
I, the undersigned Notary Public of the Coumy and State aforesaid, c
A J. PHILLIPS entity flat WILLIAM H. PHILLIPS and wife,
~ the due executioa of the foregoing instrument for dte ~na~' appeared before me this day and
fQr~ daY of ~ o r / PmPoess therein expressed. Witness rrry ]mnd aad Notarial
Witness bty'hind and AraFSI, thin -.dory of
MY Comnriasion Expires: ~s
20 .
Notary Public
The foregoing CertiBaDe(s) of
islaro certi5ed to be correct This iosQtrment and this oertifiate are re '
m the Srst page hereof ~' t~Oered at the date and time andm the Book aadPage shown
By: of Dada for
Deputy/Asaiarmt - Register of Deeds
NC Bar Association Form No. L-3 ®1976, Revised ®1977, 2002
Printed by Agreearent with the NC Bar Association -1981 SoftPro Corporation, 333 B. Six Forks Rd., Raleigh, NC 27609
of
corpontiodlmtixdliabilitycornpanY/general a North Carolina or
that byauthoritydulygiven and u the act ofsuch emi ~~~~ (~ thro»ghtho inappliable), and
deed. Witness ~' -be ~o~g ~trumeat in in aaa~ on in behslf as in actaad
my head and Notarial stamp air seal, this _ day of 20
My Commissioa Expires:~_ _

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MAR 19 zoos
~~~~s~~ sr'oc~ Ra
Eck

~ 7 p 4 8 2
Culvert
Al @ PL ~
EDGE ^F D
Ditch to be filled
ti
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n ~
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7
A3
I~IORTH
SCALE: 1 "=50'
272.98'
EDGE OF DRI ~~~nMj~
MA 1111 D
R 1 9 2007
UkWR • WAi"!;R Ut/ALi7Y
~>~1D.4~Wp STOgMyV~TER gay
0.14 ACRES/TOTAL
WETLAND IMPACT
0.02 ACRES TD BE
RESTORED
A34 @ PL
A33
EDGE OF DRIVE
A32
LEGEND:
®FILLED AREAS TO 8E RESTORED
DITCHES TO BE SWALED/RESTORED
wnc ~o~r~s
TO CREEK ROAD ~ cLA~c c~ouP
~ ~ ~ ~ ~ ~ ,o~ r~ c...k Ra. ..~..~ o.w„ ...~ ore.. ~urvsyar'p iDivislor~
~' ~ $ ~a~a nc zes~, PO B0~'IOdO~ wL~l~ NC ~p4
WETLAND RESTORATION PLAN ~ _ FI1~G ~
-~ DETAILED VIEW

07.0482
A32
NORTH
SCALE: 1"=50'
B1 @ PL
B2
Culvert
B19 @ PL~`~~/\ I I B3
EDGE ~F DRIVE
B
EI
EIP
B17
216.91'
B4
150.53'
0.06 ACRES/TOTAL
WETLAND IMPACT
0.01 ACRES T^ BE
REST^RED
LEGEND:
~i~~~FILLED AREAS TO BE RESTORED
DITCHES TO BE SWALED/RESTORED
~~ 3~ ~c~o~r~
A ~ ~ c _~ ' ~ TOWN CREEK ROAD ~E c~A~c c~ouP
O g s . ~ ~ a..,~, ~ ~. survs C~Ivi~ion
$ r 1D79 ToMn CteNt Rd
--h a ~ ~ei°' "~ ~~ WETLAND RESTORATION PLAN ~~ ~ ~ ~ ~ ~ ~~
~ DETAILED VIEW ~' ~'~~ - l~ ~

r~
Ditch to be filled
D1 @
D? 55.44'
NOR'T'H
SCALE: 1 "=50'
itch to be filled)
EDGE ~F DRIVE
0.34 ACRES/T^TAL
WETLAND IMPACT
0.09 ACRES TD BE
RESTORED
397,40'
C1 @ PL
LEGEND:
EDGE ^F RIVE EDGE ^F" RIVE FILLED AREAS TO BE RESTORED

~ DI TCHES TO BE SWALED/RESTORED
+ C2

~ „tom,
w~c ao ~nr ~

TOWN

CREEK

ROAD

~ aA~c c~ouP
0 g
$ g s ' ~ ~ 1075 ittsn Crank Rd smswt awry otarw OuatYw sUrVO~~1Q ®1!/~8~0~'1
'--f~ ~ ~ ~ arena. NC YA451
WETLAND RESTORATION PLAN PO ~ ~~
~ ~~~ _ Fes; ~
--~ DETAILED VIE~I