20051766 Ver 2_More Info Received_20100521

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L: iL) IMANAG MINT GROUP
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May 20, 2010
TO: Mr. David Bailey
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: Sterling Farms Subdivision; Onslow County, NC
NWP 29 Application; Additional Information; Action ID# SAW-2005-00551
Dear David:
Thank you for your letter dated May 3, 2010 in which you request additional information in
regards to the NWP 29 application submitted to you for Sterling Farms Subdivision site in
Onslow County, NC. Below is a response to each of your comments.
1. Avoidance of Wetland Impact #4 appears possible if the road is adjusted slightly to the
northwest. If it is not possible to avoid this impact, please explain in detail.
Wetland Impact #4 has been avoided. Please see the revised site plan.
2. Please include cross sections for Wetland impact numbers 1-4.
Enclosed are cross sections. Please note that the engineer has reduced the length of the
culverts to extend no further than the retaining walls. Overall, wetland impacts for Phase 2
have been reduced from 0.211 acre to 0.158 acre.
3. In Section D, 5a. of the PCN you stated that the wetland preservation document will
require modification. Please include the proposed modified preservation document and
the modified wetland preservation map.
The enclosed site plan shows that remaining wetlands within this phase of the subdivision
will be preserved. The existing restrictive covenants refer to conservation areas shown on the
subdivision plats. Once this phase of development has been platted, a map will be recorded.
The applicant agrees that this map will be recorded prior to the sale of individual lots within
this phase. The preservation language will stay the same as what was previously recorded
(see enclosed document).
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
I hope this response addresses all of your concerns. Enclosed are revised maps and the
PCN form. Please give me a call if you have any other questions or require a site visit. Thank
you for your assistance with this project.
Sincerely,
Yi Williams
Wetland Scientist
Encl.
C: Mr. Tom Tucker
Mr. Joe Dunnehoo, Oceanside Engineering
Ms. Joanne Steenhuis, NC DWQ
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
W A7- ?
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the

Corps:
® Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
Z 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ® Yes

Already paid ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Sterling Farms Subdivision
2b. County: Onslow County
2c. Nearest municipality / town: Jacksonville
2d. Subdivision name: Sterling Farms
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Ogden Highway LLC
3b. Deed Book and Page No. 2440 / 795
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 1630 Military Cutoff Road; Suite 110
3e. City, state, zip: Wilmington, NC 28403
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner):
4a. Applicant is: ? Agent ? Other, specify:
4b. Name: Mr. Tom Tucker
4c. Business name
(if applicable): Ogden Highway LLC
4d. Street address: 315 Friday Drive
4e. City, state, zip: Wilmington, NC 28411
4f. Telephone no.: [phone]
4g. Fax no.: [phone]
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Kim Williams
5b. Business name
(if applicable): Land Management Group, Inc.
5c. Street address: 3805 Wrightsville Avenue, Suite 15
5d. City, state, zip: Wilmington, NC 28403
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 070983
1 b. Site coordinates (in decimal degrees): Latitude: 33.77680 N Longitude: 77.3111 ° W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 396.83 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Little Northeast Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C; NSW
2c. River basin: White Oak
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
This site is partially developed. Adjacent land use is undeveloped or residential.
3b. List the total estimated acreage of all existing wetlands on the property:
58.27 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
- 18,500 If
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct single-family residential housing for the Jacksonville community and provide
access throughout the tract.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project will consist of a residential subdivision with approximately 566 lots. The applicant will complete all planned
roads and stormwater conveyances. Culverts will be installed at wetland crossings and silt fences will be installed.
Infrastructure such as water will then be installed. Finally, lots will be sold for individual development. Please note sections
of this development have already been completed under previous 404/401 permits. The site plan for this phase of
development has changed slightly since the last NWP submittal. Impacts #1 - #3 increased slightly because the roadway
alignment changed. Impact #4 was removed completely. Total impacts are less than previously permitted.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Brad Shaver of the Corps approved the wetland delineation.
Page 3 of 11
PCN Form -Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
404/401 permits (Action ID# 200500551 & DWQ# 051766) were issued to impact 0.429 acre of wetlands within this tract
in 2006, but they expired prior to the applicant completing all of the road crossings. All mitigation requirements were
fulfilled. Impacts #5 - #8 have been installed under the previous permit. The site plan for Phase 2 has changed slightly.
Overall wetland impacts have decreased. Please note that the applicant received a Notice of Non-Compliance in 2009 for
crossings that were installed. This was resolved through site remediation and additional payment into the EEP for stream
impacts.
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
The applicant has already constructed Phase 1 of development and now plans to complete Phase 2.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands ? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ® P ? T Road
Crossing/Culvert Non-riparian ® Yes
? No ® Corps
® DWQ 0.017
W2 ®P ? T Road
Crossing/Culvert Non-riparian ® Yes
? No ® Corps
® DWQ 0.041
W3 ®P ? T Road
Crossing/Culvert Non-riparian ® Yes
? No ® Corps
® DWQ 0.10
W4 ? P ? T ? Yes ? Corps
?No ?DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.158
2h. Comments: Applicant has already impacted 0.246 acre of wetlands (Crossings #5 - #8) under a previous NWP. Impact #4
has been avoided.
3. Stream Impacts N/A
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts: N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water im acts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5.
If Pond or Lake Construction: N/A
and or lake construction proposed, the
n complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ): N/A
If project will impact a protected riparian buffer, the n complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse
? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
During the original permit application submittal, the applicant revised the site plan several times in order to avoid and
minimize impacts to wetlands, eliminating several lots in the process (designated as open space). However, because of
the location of the wetlands and local regulations, some impacts could not be avoided. Because of the number of
proposed lots and the anticipated traffic, a local ordinance required that Silver Hill Drive run the length of the tract. To
minimize impacts, the applicant will cross wetlands at narrow points along the wetlands and has designed the roadways
so that five crossings will occur at existing crossings. Please note that the applicant applied for and received 404/401
permits for these crossings in 2006. However, the permits expired prior to the installation of all of the road crossings.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion control measures will be taken to minimize impacts. Silt fencing will prevent erosion into wetland areas.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps

2c.
If yes, which mitigation option will be used for this

project? ? Mitigation bank

®Payment to in-lieu fee program

® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank: N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program:
4a. Approval letter from in-lieu fee program is attached. ® Yes
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: 0.5 acres (already paid)
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan:
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Applicant has already preserved remaining wetlands on site (-57.86 ac). This preservation document will need to be
modified slightly to reflect the revised site plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required. N/A
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
N/A
6h. Comments: N/A
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 18%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project engineer has already obtained the required stormwater permit.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review: N/A
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review:
® Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review: N/A
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
No additional wetland impacts associated with this project are anticipated. All remaining wetlands on site have been
preserved.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
The facility will utilize on-site wastewater treatment.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or Yes
? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?

5c. If yes, indicate the USFWS Field Office you have contacted. ?
Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No rare
(state or federally protected) species are known to occur on or within a half-mile radius of the site.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat. No data was depicted for the project area.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The National Trust for Historic Preservation website mapping resource was used to determine the presence of cultural
resources. No cultural resources were found.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® ?es?E] N
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100-year floodplain. Part of the Northeast Creek appears to be
within the 100-year floodplain. However, no wetland impacts will occur within this area.
Kim Williams i
VV 05/19/2010
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
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Onslow County, NC
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Doc ID: 042184660065 Type: CRP
Recorded: 12/07/2006 at 12:26:13 AM
Fag Amt: $165.00 Page % of 58
Onslou County, NC
Mildred M Thomas Register of Deeds
8x2782 Po747-844
Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive,
Wilmington, NC 28403-8705
Book:2782,Page:747
kraye'Z3 or ooh
8.5 Permit Covenants. To ensure ongoing compliance with the Permit as
issued by the Division of Water Quality under NCAC 2H.1000 the following covenants and
restrictions are hereby imposed upon the Property:
(a) The maximum allowable built-upon area for each Lot is described
on EXhiblt C attached hereto. The allotted amount includes any built-upon area constructed
1
within throperty boundaries of a Lot and that portion of the right-of-way between the front
tot line and the edge of the pavement of any street abutting such Lot. Built-upon area includes,
but i-s not limiite?to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but
dos not inc'?ude-r?ised, open wood decking, or the water surface of swimming pools. Built-upon
area,in excess/of the permitted amount above-stated will require a modification of the Permit.
(b) Filling in or piping of any vegetative conveyances (ditches, swales,
etc.) assoc. ed w:ith ;the development except for average driveway crossings is strictly prohibited
by any persons.
impervious areas and
water mark.
(d)
will maintain a 30' wide vegetated buffer between all
(e) Each dellizl?lgnc
Declarant, must submit a separate Stormwater
Division of Water Quality and receive a perm
single-family residences are not required to su
application package.
pate at least 30' from the mean high
vhase ownership is not retained by the
rientlP ermit application package to the
any construction on the lot. Individual,
3arate-3tormwater Management Permit
(f) No alteration of the drainage`?or the
Facilities designated in the Permit and shown on any accomparl-yu
without the prior written consent of the Division of Water Quality
nor water t?lanagement
ao0roved plans shall occur
The State of North Carolina is made a beneficiary of the-c&enants abov?-sta'ed
to the extent necessary to maintain compliance with the Permit, and such covenants ran with the
Property and shall be binding on all Persons and parties claiming under them. The cpversnts sel
forth in this Section 8.5 pertaining to stormwater management may not be altered, escinded„or
modified without the express written consent of the State of North Carolina, Division`,,,)f Water
Quality.`)
8.6 Conservation Areas. In accordance with the United States Clean Water
Act, the areas shown on the recorded plat of the Property and any subsequent plats of the
Property, identified as conservation areas shall be maintained in perpetuity in their naturid or
mitigated condition. No person or entity shall perform any of the following activities on such
conservation area:
18
Booh:27S',
?rayc? c4 oL Ja)
activities;
(a) Fill, grade, excavate or perform any other land disturbing
(b) Cut, mow, burn, remove or harm any vegetation;
of
(c) Construct or place any roads, trails, walkways, buildings, mobile
S. utility poles or towers, or any other permanent or temporary structures;
(d) Drain or otherwise disrupt or alter the hydrology or drainage ways
iort area;
(c) Dump or store soil, trash or other waste;
Graze or water animals or use for any agricultural or horticultural
purposes.
compliance with the-rrti igati ' c
United States of Amen • , UrAj
enforced by the United States of
binding on the Owners and all p<
Section 8.6 may not be amended
Corp of Engineers, Wilmington 1
in this Section 8.6 are intended to ensure continued
an,d-a-Clean Water Act authorization issued by the
rrp of-Engineers, Wilmington District, and may be
Ica. se "rnants run with the land and shall be
laiming un e t. ?he covenants set forth in this
ut? expres ritthn consent of the United States Army
Article 9. Annexation
9.1 Annexation Without Aooroval of
(a) During the Development Period, be6lat- m. trilaterally
subject any Contiguous Property to the provisions of this Declaration. Nothing in this
Declaration or otherwise shall be construed to require Declara: o?'-6y successso to develop
any Contiguous Property in any manner whatsoever. \ ?^
o' ?)
(b) Declarant may transfer or assign this right tdanne property,
provided that such transfer is memorialized in a written, recorded instrument-e?riecuteby
Declarant and recorded in the Register of Deeds. Nothing in this Declaration sh?alIA-w"'Sonstru
to require Declarant or any successor to annex or develop any Contiguous Property iii any
manner whatsoever.
(c) Such annexation shall be accomplished by filing a Supplemental
Declaration in the Register of Deeds describing the property to be annexed and specifically
subjecting it to the terms of this Declaration. Such Supplemental Declaration shall require the
consent of the owner of such property, if other than Declarant. Any such annexation shall be
effective upon the recording of such Supplemental Declaration in the Register of Deeds unless
otherwise provided therein.
19
Book: 2- . -