HomeMy WebLinkAbout20031196 Ver 1_COMPLETE FILE_20030929W A 7-?9pv
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, N.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 1, 2003
Brunswick County
DWQ Project #: 03-1196
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE
Brookhaven Properties, LLC
Attn: Mike Hargett
Post Office Box 654
Wilmington, NC 28402
Subject Property: Brookhaven Subdivision
Dear Mr. Hargett:
You have our approval, in accordance with the attached conditions, to impact 0.11 acres of forested
wetlands and 60 feet of intermittent stream for the purpose of constructing a 36 lot subdivision as you
described in your application dated September 23, 2003. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3404, which may be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
Nationwide Permit Number 14 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) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
Certification of Completion
1. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
"'W
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)
(919) 733-1786 (ohone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Page 2
Mr. Hargett
October 1, 2003
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Deed Notifications
2. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland, water
and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands,
waters and/or buffers approved for impact under this Certification Approval and Authorization
Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetlands.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
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 or Noelle Lutheran at
our Wilmington Regional Office at 910-395-3900.
Sincerely,
JRD/bs
Attachments
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
File copy
Central Files
Nancy Card, Right Angle, 212 Princess Street, Wilmington, NC 28401
MGHTANGLE
ENGINEERING, P.C.
212 Princess Street • Wilmington, North Carolina 28401 • Tel. (910) 251-8544 • Fax (910) 251-2208 • email: raepc@aol.com
To: Mr. Thomas Farrell
US Army Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
Re: Brookhaven Subdivision
Action ID: 200300988 for Jurisdictional Determination
Action ID: 200300572 for Notice of Unauthorized Activity
Hello Tom,
W .11 ..? pvP - III, F I, "
Attached is a completed PCN form for Brookhaven Subdivision (NWP 14a 4,4y4fw1.t , the
proposed mitigation area and a copy of the subdivision "Declaration of Covenants, Conditions and
Restrictions ". 41P 2 9 2003
As noted in the PCN:
Proposed wetland impacts:
Proposed wetland restoration/creation
Proposed area of conservation:
0.11 ac
0.2 ac
1.25 ac (11.36 x [times] the impact area)
Impact acreage was calculated for the entire 60' right-of-way width, although it is likely that less area will
actually be disturbed for the road.
Proposed mitigation involves conservation and creation/restoration, to connect and preserve all central
wetlands.
The existing road, intended as temporary access, will be replaced according to the attached plan. The
culvert pipe will be installed beneath the streambed as shown on the drawing detail.
We hope we have provided sufficient information to move ah(.ad with this project. Please let us know if
you need xrlything further. Thanks for your help.
Sincerely,
v? r 1 (A ,
ancy C
Sr. Environmental Technician
W. Shane Lip ar , P.E.
Project Manager
Office Use Only: -F=n fel i oadvi y 2002
USACE Action ID No. 200300988 / 200300572 DWQ No. (??+
kii ally Paluc;uiar Rem is not appiicatiie to tnis project, please enter "Not Applicable" or "N/A".)
I. Processing
Che all of the approval(s) requested for this project:
Section 404 Pen-nit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
EY401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name:_ Brookhaven Properties LLC c% Mike Hargett
Mailing Address: PO Box 654
Wilmington NC 28402
Telephone Number: 910-254-0596 Fax Number: 910-254-9212
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.)
Naive: Nancy Card/ Shane Lippard
Company Affiliation: Right Angle Engineering P C
Mailing Address: 212 Princess Street
Wilmington NC 28401
Telephone Number: 910-251-8544 Fax Number: 910-251-2208
E-mail Address: raepcna,bellsouth.net
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 infonned that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:_ Brookhaven (Subdivision)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):030OB04201, and 030OB031 thru 030OB042
4. Location
County: Brunswick Nearest Town: Leland
Subdivision name (include phase/lot number): Brookhaven, Phases 1 and 2
Directions to site (include road numbers, landmarks, etc.): Take Leland exist from US 17,
turn right. Go to arst traffic light take right on Fairview. Go to end of road take right onto
Live Oak. Take first left Brookhaven Trail.
5. Site coordinates, if available (UTM or Lat/Long): 34.2439728 /-77.9919968
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres)
20.12
7. Nearest body of water (stream/river/sound/ocean/lake): Brunswick River I Sturgeon Creek
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adniin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Wooded with selective clearing access road installed
surrounding area is established residential and tidal marsh
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: Establish
residential subdivision with 36 lots as approved as a Planned Unit Development by the Town
of Leland A loop road and short spur will provide access to all lots as shown on the
attached drawing. Water, sewer, power, telephone and cable will be installed within the
road right-of-way. Handling of stormwater will meet NCDENR standards for low-density
development. Proposed community recreational areas include piers and swimming pool
(subiect to CAMA approval). A natural wetland area (1.25 acres will be preserved in the
central area of the subdivision. Pavinjz equipment including a backhoe trackhoe dump
trucks, compactors and rollers will be used in development of the subdivision infrastructure
11. Explain the purpose of the proposed work: To establish and access a 36-lot residential
subdivision.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdictional Determination (Action ID = 200300988) attached
CAMA General Permit (33411-D) attached
CAMA Maior and NCDENR Low-Density Stormwater Permits also required
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.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
1. Provide a written description of the proposed impacts: Request fill of wetlands in two places
to allow for subdivision roads. Culverts will be installed to allow current drainage patterns to
continue.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
(linear feet
Type of Wetland***
1 Fill 0.08 no - Forested
2 Fill 0.02 no 955' Forested
3 Fill 0.01 no 930' Forested
*
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2.71
Total area of wetland impact proposed: 0.11 ac.
3. Individually list all intermittent and perennial stream impacts below:
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?
(please secif
1 Culvert 60 Trib to Sturgeon Creek 4' Intermittent
1-in each impacr 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.mapquest.cont, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 60 LF
Page 8 of 13
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres
(if applicable) Name ppWaterbody
tf ahcable Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
List cacn impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankinent, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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.
Wetlands will be impacted in two places to provide access to the interior of the property Area I
is the orikinal road location from the subdivision recorded in 1964 Areas 2 and 3 occur in a
narrow area of wetland where an old log ing road is located Of 2.71 acres of wetlands on site
only 0.11 acre will be impacted
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.
Page 9 of 13
USACE - 111 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 detennining 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
htti)://h2o.ei-ir.state.nc.us/iiewetlands/stnngide.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.
Proposed mitigation includes conservation and creation/restoration of wetlands on site
(Please refer to the attached drawing.) A conservation easement has been incorporated into
the "Declaration of Covenants Conditions and Restrictions " (attached see pages 8 - 9 of
21.) The total impacted wetland area is 0.11 acre The total creation/restoration area is 0.2
acre. The total area of conservation is 1.25 acres including the area of creation/restoration.
Proposed mitigation involves excavation o an old logging road and the adjacent area as
shown, to connect two isolated wetland areas with the central wetland. All soil from the
excavation will be deposited on uplands. This area will be planted with native wetland
vegetation (red maple sweetbay, bald cypress highbush blueberry sweet pepperbush,
cinnamon fern and netted chain ern.) The new wetland will be monitored for a minimum 0f
five years, or until it is successfully established An annual report will be
submitted.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Page 10 of 13
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land? ,?,/
Yes ? No L/
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (MEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 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 (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No 2"' 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.
Page 11 of 13
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.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The amount of impervious area on the site (streets sidewalks structures driveways and parkin
areas) will be established by NCDENR Low Density standards
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.
A sanitary sewer collection system will be installed on site to convey wastewater to the new
Town of Leland system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No FT
Is this an after-the-fact pen-nit application? Partially
Yes ? No ?
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).
Page 12 of 13
* 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.
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).
Applicant/A %'Signature i Date
(Agent's signature is slid only if an authorization letter from the applicant is provided.)
Page 13 of 13
MGHTANGLE
ENGINEERING, P.C.
212 Princess Street • Wilmington, North Carolina 28401 • Tel. (910) 251-8544 • Fax (910) 251-2208 • email: raepc@aol.com
031196
NC Division of Water Quality/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: 401 Water Quality Certification
Brookhaven Subdivision
Leland, NCB
Lt -, 7 1 b`. t
September 26, 2003 SEP 2 9 2003
WER 000TY SECTION f
Please find enclosed, seven copies of the documentation presented to USACE or
Brookhaven Subdivision and a check for the application fee of $200.
Please let us know if you need additional information.
Sincerely,
ancy (ar
Sr. Environmental Technician
DRAFT
Sept. 23, 2003
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
Brookhaven
A Planned Unit Development
Table of Contents
ARTICLE I ...................................................................................... 4
...............................................................
DEFINITIONS ................................................................................................................................................4
ARTICLE II .........................................................................................................................................................6
PROPERTY RIGHTS AND EASEMENTS ...................................................................................................6
SECTION 1. Owners' Property Rights and Easement of Enjoyment .......................................................................6
SECTION 2. Easements in Favor of Declarant and the Association ........................................................................6
SECTION 3. Other Easements ..................................................................................................................................7
SECTION 4. Conservation easement ........................................................................................................................8
SECTION 5. Nature of Easements ............................................................................................................................9
ARTICLE III ........................................................................................................................................................9
OWNERS' ASSOCIATION ............................................................................................................................9
SECTION 1. Formation of Association ......................................................................................................................9
SECTION 2. Membership ..........................................................................................................................................9
SECTION 3. Voting Rights ........................................................................................................................................9
SECTION 4. Government Permits ...........................................................................................................................10
ARTICLE IV ......................................................................................................................................................10
COVENANTS FOR ASSESSMENTS .........................................................................................................10
SECTION 1. Creation of the Lien and Personal Obligation of Assessments ..........................................................10
SECTION 2. Purpose of Annual Assessments .......................................................................................................11
SECTION 3. Annual Assessments ..........................................................................................................................11
SECTION 4. Special Assessments for Capital Improvements ...............................................................................12
SECTION 5. Working Capital Assessment .............................................................................................................12
SECTION 6. Rate of Assessment ............................................................................................................................12
SECTION 7. Commencement of Assessments ......................................................................................................12
SECTION 8. Effect Of Nonpayment of Assessments And Remedies Of The Association ....................................12
SECTION 9. Lien for Assessments ..........................................................................................................................13
ARTICLE V .......................................................................................................................................................13
RIGHTS OF DEVELOPER .........................................................................................................................13
SECTION 1. The Architectural Control Committee .................................................................................................14
SECTION 2. Plan of Planned Community .....................................................................
SECTION 3. Amendment of Declaration by the Declarant .....................................................................................14
SECTION 4. Annexation of Additional Property ......................................................................................................15
ARTICLE VI ............................................................ 15
.......................................................................................
USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE .......................................15
SECTION 1. Approval of Plans for Building and Site Improvements .....................................................................15
SECTION 2. Minimum Standards for Site improvements ......................................................................................16
SECTION 3. Use Restrictions .................................................................................................................................17
SECTION 4. Maintenance .......................................................................................................................................18
ARTICLE VII .....................................................................................................................................................18
LOTS SUBJECT TO DECLARATION/ENFORCEMENT .........................................................................18
SECTION 1. Lots Subject to Declaration ................................................................................................................18
SECTION 2. Enforcement and Remedies ...............................................................................................................18
SECTION 3. Miscellaneous .....................................................................................................................................20
ARTICLE VIII ....................................................................................................................................................20
GENERAL PROVISIONS ............................................................................................................................20
SECTION 1. Insurance ............................................................................................................................................20
SECTION 2. Rights of Institutional Note Holders ...................................................................................................20
SECTION 3. Utility Service .......................................................................................................................................20
SECTION 4. Severability ..........................................................................................................................................20
SECTION 5. Amendment of Declaration .................................................................................................................20
Declaration of Covenants, Conditions and Restrictions
BROOKHAVEN
2 of 21
11Ws i \sharedDoceNBROOKHAVE MDecteradons. doc
(b) in case of any emergency originating in or threatening any Lot or Common
Elements, regardless of whether any Lot Owner is present at the time of
such emergency, the Association or any other person authorized by it, shall
have the right to enter any Lot for the purpose of remedying or abating the
causes of such emergency and making any other necessary repairs not
performed by the Lot Owners, and such right of entry shall be immediate.
(c) the Association is granted an easement over each Lot for the purposes of
providing Lot maintenance when an Owner fails to provide maintenance and
upkeep in accordance with this Declaration.
SECTION 4. Conservation easement. The Declarant hereby declares that the area
designated as Tract A consisting of approximately 1.25 acres of open space as shown on
the map of Brookhaven Planned Unit Development recorded, or to be recorded, in the
Brunswick County Registry shall be subject to a perpetual conservation easement. Said
conservation easement is an easement in gross, runs with the land and is subject to the
following restrictions:
a) The area shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values as
wetlands.
b) Any change disturbance, alteration or impairment of the natural features or any
introduction of non-native plants and/or animal species is prohibited.
c) There shall be no construction of any temporary or permanent structures.
d) Industrial and/or commercial activities, including the right of passage used in
conjunction with commercial or industrial activity, are prohibited in the area.
Residential use of the area is prohibited.
e) Agricultural grazing and horticultural use of the area is prohibited.
f) There shall be no removal, burning, destruction, harming, cutting or mowing of
trees, shrubs or other vegetation in the area, except for debris removal
associated with natural disasters.
g) Dumping or storage of soil, trash, ashes, garbage, waste, or other materials in
the area is prohibited.
h) There shall be no grading, filling, excavation, mining; no removal of topsoil,
sand, gravel or other materials, and no change in the topography of the land in
any manner in the area, except to restore natural topography or drainage
patterns, or as required in conjunction with USACOE or other regulatory agency
permitting requirements.
i) 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
Declaration of Covenants, Conditions and Restrictions
RROOKHAVEN
8of21
YMsITAweaooc*MUWOKMVE V)ocbwowm.doc
permitting the diversion of subsurface or underground water into, within or out of
the easement area by any means, removal of wetlands, polluting or discharging
into waters, springs, seeps, is prohibited.
j) No development rights that have been encumbered or extinguished by this
easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
k) The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt-bikes, all terrain vehicles, cars and trucks is prohibited.
1) The Declarant expressly reserves for themselves and assigns, the right to
continue to use the area for all purposes not inconsistent with this conservation
easement, including, but not limited to, the right to quiet enjoyment of the area,
the rights of ingress and egress, and the right to hike in the area.
m) Notwithstanding the foregoing restrictions, the Declarant reserves for Declarant
and assigns, the right to construct wetland and stream mitigation in accordance
with USACOE permit requirements.
SECTION 5. Nature of Easements. All easements and rights described herein are
perpetual easements appurtenant, running with the land, and shall inure to the benefit of
and be binding on the Declarant and the Association, their successors and assigns, and
any Owner, purchaser, mortgagee and other person having an interest in the Property or
any Additional Property, or any part or portion thereof, regardless of whether or not
reference is made in the respective deeds of conveyance, or in any mortgage or trust deed
or other evidence of obligation, to the easements and rights described in this Declaration.
ARTICLE 111.
OWNERS' ASSOCIATION
SECTION 1. Formation of Association. The Association is a nonprofit corporation
organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the
purpose of establishing an association for the Owners of Lots to operate and maintain the
Common Elements and any Limited Common Elements in accordance with this
Declaration, its Charter and Bylaws.
SECTION 2. Membership. Every Lot Owner shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3. Voting Rights. The Association shall have two classes of voting Membership.
Class A. Class A Members shall be all Owners, with the exception of the
Declarant, and shall be entitled to one vote for each lot owned by the
Member . When more than one person holds an interest in any Lot, all such
persons shall be Members. The votes for such Lot shall be exercised as they
determine, but in no event shall the Owners of the Lot collectively be entitled
Declaration of Covenants, Conditions and Restrictions
BROOKHAVEN
9 of 21
I1W s t 1SharedDocsIBROOKHAVEMDeclamtlons.doc
NCAMA / O DREDGE & FILL 119 6 N? 33411--V
GENERAL PERMIT Previousperaait#
%New OModification OComplete Reissue ?Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC 144-1200
0 Rules attached.
Applicant Name r, j?0k-'V\frVe.f1 P('O p4 ° ?.
?c3 - Project Location: County 'b r LA^s( l I ?C
Address • 0. ??U)(' Street Address/ State Road/ Lot #(s) l.."oT a8
City---WA 1 + !?G Ate- State QA,)ZI P Zb qb.>-- ?j f y0 ?h ?A ?
Phone # (_) Fax # (_) Subdivision nodt<-?
Authorized Agent C Cityj._.L'_Vf,(a ZIP 264 5 1
Affected % CW KEW %PTA ? Es ? PTs Phone # ( ) River Basin .C*?V
AEC(s) : ?OEA ?HHF El IH ?U13A ?N/A
Adj. Wtr. Body?(S)Man /unk??n
? PWS: ?FC:Q G11`-?
ORW: yes/ no PNA yes / no Crit. Hab. yes / no Closest Maj. Wtr. Body -
Type of Project/ Activity i?.- ()'1'f-4-. 'f-4-. CA pt ?d 7?' d ft:44 r\,c, d oc*-
oT Td )
Pier (dock) length 3 ? 0 (Scale:
Platform(s) 'S x 1'S •J?l '? IrC 1 •i { T?'IY Ix 1'`d??
1?_"`j
Finger pier(s) F h A x?-v t
7
Groin length
number
Bulkhead/ Riprap length i5
ayg distance offshore
max distance offshore ..
Basin, channel '
cubic yards _ 1 .
j,. AY
Boat ram
Y V
P I ?
Boathouse/ Boatlift I- . -1 I y
-,
Beach Bulldozing _ _ •, y I _.i . 1 ^ 1 ' 1
Other
i
Shoreline Len h coo
SAV: not sur yes no Y I - I ..
Sandbags: not sure Y.
no I ! I
Moratorium: n/a yes
Photos: yes no T . N .; !tl/
Waiver Attached: yes no ??,b? l I I I
A building permit may be required by:-j-/I Or hnnA ? See note on back regarding River Basin rules.
Notes/ Special Conditions MJ co nd ? `f D n s ec+l p,, j,'ZUD ?/ p k
jeo ppI nt Pri Nam e
Pie read compliance statement on back of perm it
?312.
Application Feels) Check #
!I cer'sSignature
J
8-H-03
Issuing Date Expiration Date
_?? "
Local Planningjurisdiction Rover FlIe Name
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Action ID: 200300988 County: Brunswick
Notice of Jurisdictional Determination
Applicant: Brookhaven Properties, LLC
c/o Mike Hargett
P.O. Box 654
Wilmington, NC 28402
Agent: Nancy Card
Right Angle Engineering, PC
212 Princess St.
Wilmington, NC 28401
n ,
Quad: Leland
Property: The site is a wooded tract adjacent to Brookhaven Trail, Leland, Brunswick County, North Carolina. The
site includes jurisdictional wetlands connected to Sturgeon Creek and the Brunswick River; waters of the United States.
Latitude: 33.27°N; Longitude: 77.99° W.
Basis of Determination: This jurisdictional determination is based on a site inspection conducted by Thomas Farrell on
June 26 and July 22, 2003, on wetland data forms supplied by the applicant's consultant, and on a property survey
sealed on July 25, 2003 by Sherwin D. Cribb, PLS, L-1099.
Indicate which of the following apply:
4 The wetlands on your lot have been delineated and the limits of Corps jurisdiction have been explained to
you. Unless there is a change in the law or our published regulations, this determination may be relied upon
for a period not to exceed 5 years from the date of this notification. The wetlands shown on the attached
survey are not isolated. Jurisdiction is based on the wetland criteria outlined in the Army Corps of
Engineers 1987 wetland delineation manual.
4 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most
cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the
property restricted entirely to existing upland. if you have questions regarding the Corps of Engineers regulatory
program, please contact Thomas Farrell at (910) 251-4466.
Project Manager: Thomas Farrell
Date of Verification: August 11, 2003 Expiration Date: August 11, 2008
Attachments: (1) A copy of a survey by Sherwin D. Cribb.
(2) Notification of Administrative Appeal Options.
CESAW Form 566
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;? M NOTIFICATION OF ADMINISTRATIVE APPEAL (QPTIONS AND PRO(
Y .'! H QUEST FOR APPEAL y ;
Applicant: Brookhaven Pro
erties
LLC
/
Mik
H
p
,
, c
o
e
argett File Number: 200300988 Date. August 11, 2003
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
XX APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision
.
Additional information may be found at http://usace.army.mil/inet/fLinctions/ew/ceewo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit
you may sign the permit document and return it t
th
di
t
t
i
i
,
e
o
s
c
eng
r
neer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its
entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may
request that the permit be modified accordingly. You must complete Section II of this form and return the form to
the district engineer. Your objections must be received by the district engineer within 60 days of the date of this
notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district
engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the
permit to address some of your objections, or (c) not modify the permit having determined that the permit should be
issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit
for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit
you may sign the
ermit document and retu
it t
th
di
t
i
t
i
,
p
rn
e
o
s
r
c
eng
neer
for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is
authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its
entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional
determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain ter
a
diti
d
n
con
ms
ons
therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the
division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
( '?' f` )
o)
. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
.formation.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60
days of the date
f thi
ti
o
s no
ce, means that you accept the approved JD in its entirety, and waive all rights to appeal
the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completin
Section II
f thi
f
g
o
s
orm and sending the form to the division engineer.
This form must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be
appealed), by contacting the Corps district for further instruction. Also you may provide new information for further
consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to
an initial proffered permit in clear concise st
t
t
a
emen
s. You may attach additional information to this form to clarify
where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the review
officer has determined is needed to clarify the administrati
d
ve recor
. Neither the appellant nor the Corps may add new
information or analyses to the record. However, you may provide additional information to clarify the location of
information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMA TION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
USACE Wilmington District
Regulatory Section Mr. Arthur Middleton, Administrative Appeal Review
Wilmington, NC 28402 Officer
CESAD-ET-CO-R
Attn: Thomas Farrell
910-251-4466 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You will
be provided a 15 day notice of an
it
i
i
i
y s
e
nvest
gat
on, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
( 2- )
~y ,
1 ,
LEGEND
EXISTING DITCH
~sTREET
EXISTING FENCE
- - PROPERTY LINE W 4~ W 60 R 5 R RITFWAYN
E [ EXISTING UVERNEAD ELECTRIC RIGH RIGHT OF WAY UNE _ GH 0 U E
WITH POWER POLE(PP) FlNISHED GRADE • " N TYPICAL EACH SIDE TYPICAL EACH SIDE
- - - CENTERLINE ~ ~ N i ~ 30' i'2,5' ~
w y, W y NARSN ~ / / W
18' ~ ~ i; ' ~ • / i Q p NEW DON PIPE (NIP) , / • ~ '
MIN ~ ~ / ~ / ~ ~ d. / / / / / F
0 DLD IRUN PIPE (OIP) ~ / / ~ ~ / i ~i ~ , / / f~ / , , 15' 6' 9' 9' 6' 7.5' 'PO O ~ SHOULDER SHOULDER ~ V
0 1 / / N OLD IRDN BAR (OIB) , / / ~ - o~ a ~
i/~ ~ ? OLD CONCRETE MONUMENT (OCM) rrj ~ swALE ~ swALe FA ~ s ~ ~ J
E%IS11NG GROUND ' Z ~ 100 YEAR FLOOD LINE MINIMUM 20X ~i' •~1- m ~(F' O a ~ Rp m
(ELEVATION 9- FIELD SURVEY) PIPE DIAMETER
ORIGINAL STREAM BED WETLANDS `U Q
~ ti S 4 76
WETLAND IMPACT AREAS ,i, v, ~L 3 3 ~ ~ / 3 2 1 1 MIN 1 ,A
WETLAND CfB:ATION / ~1, ~1, M N
RESTORATION AREA N T TO SCALE I TIN R N O EX S G G OU D 1 1/2' NCDOT TYPE "I-2" 111NG GROUND 6" AGGREGATE BASE BITUMINOUS CONCRETE PAVEMENT
FACE 1~ COURSE SECTION 520 MATCH BOTTOM SWALE
+ + + + + + ,y, v; SURFACE PROPOSED OPEN SPACE I + + + + + + MIN NCDOT STANDARD SPECS MiN W/ PROFILE ELEVA11oNS LOCATION MAP
~ NOT TO SCALE
-r- PROPOSED SEWER AND MANHOLE
PROPOSED 6' WATER AND HYDRANT y ~ ~ ~
HYo PLANNED UNIT DEVELOPMENT
~ . PF~SE I, PHASE II BOUNDARY ,L. ~L' ~L' ~l' NOTES: NOT TO SCALE 1. ZONE: PUD
2. BUILDING HEIGHT RESTRICTION: 35 FT.
v 'T' ,T, ~.v ~ "~y 3. PERIPHERY PROPERTY LINE SETBACK: 25 FT.
FRONT LOT SETBACK: 25 FT.
~ wEnANO 4. DISTANCE BETWEEN INTERNAL STRUCTURES SHALL BE NO LESS
No DLVaoPUENT THAN 15~.
r ,1, ,;i R AC E D F R 0 5. TOTAL AREA 20.12 ACRES
M AE RI P HO ~LOOO u~ 6. RESIDENTIAL AREA: 20.12 ACRES
ro ELEVATION 9.0 7. PROPOSED SINGLE FAMILY UNITS: 36
IN 8. PROPOSED DENSITY: 2.0 UNITS PER ACRE
I OUT I 9. REQUIRED OPEN SPACE: 5% OR 1.01 ACRES
i 10. PROPOSED NATURAL OPEN SPACE: 1.25 ACRES
~'S ~ aND ~ ADDmONAL RECREATIONAL COMMON SPAC : 0 A SETBACK TO MNNTAIN 15 E .95 C.
~N• TOTAL: 2.2 AC.
Trnlcu BuILDINC srrE 11. BOUNDARY, WETLANDS & FLOOD LINE ARE THE RESULT OF AN W(f11 DRNE TOTAL I I
IMPERVIOUS aRFA ACTUAL SURVEY BY SHERWIN D. CRIBS. NOT TO EXCEED I I T HI
MEAN HIGH WATER UNE ~ ~ ~ , . ~ ~ EL=2.78 w~ ~ OPOGRAP C CONTOURS FROM BRUNSWICK COUNTY GIS AND uuRS of sroRMwaTER SHOWN ON 2 FT INTERVALS.
MASH A 21.14 ACRES FUTURE COMMUNffI' PIER AND , PERMff. 12. ALL ADJACENT PROPERITES ARE R-20 SINGLE FAMILY
,I~ ~ ~ ~ ~ v~ BOAT SLIPS SITE ~ ~ w v~ W RESIDENCES.
,(SUBJECT TO CAMA APPROVAL) ~ I I 13. STREETS WILL BE PUBLICLY DEDICATED AND CONSTRUCTED IN ~y I 10' NON-MUNK~PAL
~ ~ ~ ~ ~ 100 YEAR FLOOD UNE ~ FUTI ~ ~ EAN HKMI WATER UNE FUTURE COMMUNITY PIER AND I euuowc EASEMENT CONFORMANCE WITH NCDOT SUBDMSION ROADS MINIMUM
. , . , (EIEVATKNd 9) EL=2.78 ~ , ! BOAT SLIPS SITE CONSTRUCTI N SCAN ARD 0 D S.
O O (SUE (SUBJECT TO CAMA APPROVAL iO 14. ALL UTILITY SYSTEMS WILL BE LOCATED UNDERGROUND WITHIN N
1 r, / 1! 15,719 SF 18,523 SF ~ ~L' ~ ~ ~d~ w '~L W ElB MUST ~y, v ~ ~ ' ~ y .y STREET RIGHT-OF-WAY OR NON-MUNICIPAL EASEMENT
r 14,388 SF 1117/432 ~ ~ (10' OUTSIDE AND ADJACENT TO STREET RIGHT-OF-WAY.)
~ NED: R-2 i ~ ~ -p-gH ~ CREATION ~ ~w ~ r ~ ~ • YACANf/ vi TION ~ ~ 11 ~ ,L ~ - - _ UT1LmES PROVIDED TO BE: WATER, SEWER, ELECTRIC,
AREA \ 14,288 SF ~ - TELEPHONE AND CABLE.
14,800 SF ~ ~ 28,9x1 SF I ~J/ ~ ~i V/ W W W ~ ~ ~ 15. REMOVAL OF TREES Will BE LIMITED TO 3' CALIPER
\ 1 v i t ~ ~ nuns OR LESS IN NON-BUILDING AREAS.
~ ~ ~ 0 15,300 SF 94,087 SF i6. MAXIMUM GROUND COVERAGE BY ALL STRUCTURES NOT TO
is \ ~ F / , EXCEED 40x OF THE GROSS SITE AREA
E ASH ~ \ 20,289 SF ~ / C1~) elu / 11. AVERAGE LOT SIZE: 18,418 SQ. FT.
~y, CONC. \ ~ ~ v ~ T I • 1 4 18. PROPOSED DEVELOPMENT WILL BE SUBMITTED ~ AVERAGE LO S ZE. 8, 18 SQ. FT.
7.19 AC waLK ~ P a a ~ TO NCDENR UNDER LOW DENSffI' SCALE: 1 = 50
~ / loo ~ uNE ~ REQUIREMENTS FOR NCDENR STORM WATER ~ ~ a .y
Jl~IES TURNER \ ~ s 1 / ~e / (ELEVaTK1N s) 738/573 '.'v ~V 'y~ ~ v, v w 19,822 SF ~ \ 1 ~1, PERMITTING. DEVELOPMENT WILL COMPLY WffH
USE: RFS91ENfgl ~ ~ ~ r .y, ,y, y CONDfTIONS SET WITHIN PERMIT WHEN
MEAN HKBi WATER UNE ~ x a!~ ~ =2.78 / / \ 1 APPROVED BY NCDENR.
qtr v W ~ ~ ,"',El• .L \ 't ~ ~ , / y 18 873 SF iv \ ~ ~ ® \ ~ -1~aN HKD ~ y ~ v, ~ SOILS HIGH WATER UNE
7 ~ / 15 240 SF ~ ~y, ~ ~l~ ~~lr ~ ~ 18,950 SF ~ v ~ ~ 1 ~,I~ a=2.78 , ~ , ~ INFORMA110N REGARDING SOILS ON THE SITE WAS OBTNNED
0J ~ W ~ FROM THE USDA SOIL SURVEY OF BRUNSWICK COUNTY NORTH
a0 YEAR fLO~ UNE / / Q° \ ~ ~V '~l/ / ~ / / \ ~ \ ~ \V ~V ~V ~ ~ ATKMd 9) / ~ \l' CAROLINA AND FlELD OBSERVATIONS.
\ ~ ` 16,425 SF e ~ W v~ ~ ~ THE PRIMARY SOIL ON THE SITE IS FORESTON LOAMY FlNE
t6 / ~ ~ i, ~ l ~ ~ ~ SAND. THIS SOIL IS LOCATED ON UPLANDS ON THE TRACT AND - ~ IS WELL-SUITED FOR CONSTRUCTION OF DWELLINGS AND SMALL
1 \ 14,753 SF ~ at 1 ~ WA11 BIRD \ 0/ C~ ~ ~ COMMERCIAL BUILDINGS. SOILS IN WETLAND AREAS ARE CHARTED
~ 1 ~ '4 / \ 17 597 SF 15,877 SF ~ 3 105 ~ ~ / 6 , 51 ~ ~ ~ u~ \ ' e is y~ O ~ AS A BAYMEADE AND MARVYN MIX. THESE SOILS HAVE MODERATE TO
U5E 0 / ~ I 18,775 SF W ~ 20,411 SF ® ,y, ~ SEVERE LIMITATIONS TO CONSTRUCTION DUE TO WETNESS. SOILS . , 12.93 AC,
/ 15,940 SF \ ~ _ _ " ~ ~ IN THE MARSH REGION OF 11TE PROPERTY ARE CHOWAN SILT LOAM.
~ Q~' \ C~ / 0 \ CONC. O CHOWAN SOILS HAVE SEVERE LIMITATIONS FOR CONSTRUCTION ~ J:' ~ ~ ~
~ ~ / ~ I BAIDWIN-BRUNSWICK CORPORATKfN \ ~ \ WALK I n. DUE TO WETNESS.
~ lsl 4os / 0 ~ d / ! 22,125 SF so 18,487 SF ~ / 18140 SF ~ ~ zt- L r~ ZONED: R-20 ~ J W I 1 ~y ~ ~ ~ ~v ~ Cn
I USE RESIDENIML IIBfI~ND ~A~, / 17,795 SF ? ~ - - YARSH ~
~ WOODEN FOOT w aRr~ 1 BRIDGE ~B17aND cR~TION/ - I
a~ RESTORATION AREA ~ w { 0 -0 C~
/ / \ I ~ , 28 587 SF I ~ \ \ u 17,473 SF
0 14,017 SF I I} I I o 369/54 ~
/ / 29,951 SF ~ - - b s ~ `L ZOI~FD: R-20 `L ~V `i" 0
as r I I 0 SQ i / I USE: VACANT/HARSH
N 21'17'29" E ~ 31,815 SF \ p / ONC. ° s I o , I ~ ao YE 100 YEAR FUX1D UNE
12.13 L _ / wAUC ls,olD sF „ - I
N 2125 04 E ~ A ~ _ _ 1 0 0 -
YON 45.51 ! ~ ` 15,774 SF 14,038 SF ~ 247. IP e+s a `I' 23 I O 'y" ~ SEPTEMBER 24 2003
~ ~ cT I 1 2 LOT ss N z5 A 23,113 ~ / 16 59 W ap ~ , O ~D nRSn 2 ,
GREENWOOD HE)GIOS ~ ~ ~ 22,780 SF tZ I ~
Y, 2 PARKER ~ car I ze ;r EAN HIGH YDN ~ rc. ns 0 EAN HK;#1 WA1ER uNE OWNED AND DEVELOPED BY: BROOKHAUEN PROP RTI E ES, PLC ~ EL=278 ~ W ,l,, v
933 ' ~ z~ 18,508 SF N / / ~ w. ~ O LUEINSKY ZONED: R-20 15,220 SF t PO BOX 654, WILMINGTON, NC 28402
~ 1167 408 LOT 8H - - - ~ - - / I a7 ~ , CONTACT: MIKE HARGETT
ZONED: R-2o GREENWOOD HEICHIS ~ ~ ~ ~ - - L O ~ s 78'32 0o W suaums~ - - - - - USE: RESIDENiWL BECKON 2 60.00' SIGN 50' TRANSTIDNAL t "18,696 SF- _
~ M•B. 7 PG. 118 AREA
67 lrz';riaxD ~ecr ZDMED: R-~o pc• saNlraRY 9.16' USE: RESIDEMW. I ARF,A 3
NaL LIVE 0 N as' , „ .._.1 , AK DR, 4s o7 w - ~ i : ? ~S ~Jr ~ W 1
_ R f I - SEAL
a, - ~p OIP GINEERING, P.C.
OC P ' u~ =~i F ~•~Q 212 PRINCESS STREET WILMINGTON NC
01 O v , ~N , a
EX. 8'W ~ ~ 28,099 SF FlRE 01 '%SH PHONE: 910 251-8544 FAX: 910 251-2208 ,A ( ) N
I q Lor 7s LOT n LDT 79 ~ ~ ~ ~ LOT 74 LOT 78 r 21 Il'., l0T 75 GREENWOOD HFIGNIS GREENWOOD HEKBOS GREENWOOD HEIGIOS ~ ~ 6'~ Q ° ~ ~ W .,I, ,i ~,nn,,,~ti
GREENWOOD HEIGHTS BECKON 2 SEC~ON 2 GREENWOOD HEX4RS SECTION 2 GREENWOOD ~IGHIS ~ 1 0 100 200 300
2 SEC110N 2 Y9.7 PG. 118 SEC110N 2 N 8 ' Y,B. 7 PG. 118 _ Y.B. 7 P& 118 Y.B. 7 PG. 11s Y9. 7 PG. 116 SEC110N 2 LOT 81 , ~ 6'5717 W OIP w ~ Y.B. 7 PG. 118 ZONED: R ~ ZONED: R-20 ZOIIED: R-2O Y•8. 7 PG. 118 GREENWOOD HEX,91T5 ~
SHED ONtik ZONED: R-20 ZONED: A-2D USE: RES91ENiUl. ZONED: R-20 ~ _ USE RESIDElRNL USE: RESOENiNI ~ RESOF]'llNl ZONED: R-2D SECION 2 BORDEAUX / u ~ O USE AESIDENINI USE RESIOEN?IAl Y.EL 7 PG. 118 ~ 441 56 ~ ~ SCALE: 1" = 100'
~ U R RN ~ S RVEY EFE E CE. SHERWIN D. CRIBS
~ _ usE I ~ ZONED: R-2o , .
USE RESDDffK lz~ UttU bUUK 1/4J VAUt 43 N.C.PROFESSIONAL LAND SURVEYOR L-1099
MAP CABINET 27 PAGE 522 1144 SHIPYARD BLVD.
x CO " WILMINGTON,NC 28412
910-791-0080