20100743 Ver 1_More Info Received_20101119

?i ? LMG
LAND MANAGEMENT GROUP ixc.
Environmental Consultants
November 17, 2010
TO: Mr. Chad Coburn
NCDENR Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Dollar General; Highway 211; Additional Information
DWQ Project #: 10-0743
Brunswick County, NC
Dear Chad:

DENR - WATER CUAUi ;'
Thank you for your letter dated October 25Ih, 2010 in which you request additional
information regarding the 401 WQC application that was submitted for the Dollar General Store
located off of Highway 211 in Brunswick County, NC. Below is a response to each of your
comments.
1. Please provide a Stormwater Management Plan as required by Water Quality GC 3821
(#12). This requirement may be satisfied by obtaining a State Stormwater Permit from
DWQ.
The project engineer is currently preparing a stormwater plan and will submit this to DWQ
shortly.
2. Since compensatory mitigation will be required by the ACOE, provide a copy of the
acceptance letter from a private mitigation bank or the NC EEP once it is received.
The acceptance letter from Stone Farm Mitigation Bank authorizing the purchase of 0.5 acre
of non-riparian wetland credits is enclosed.
3. The DWQ received new information via email on October 21, 2010 from your consultant
describing your intentions to provide further avoidance and minimization of impacts on
this site. Please revise the application and provide updated site plans to reflect any
changes in regards to this new proposal.
Enclosed is the revised PCN form and site plan. Permanent wetland impacts have been
further reduced to 0.269 acre. Additionally, 0.326 acre of wetland restoration and 0.036 acre
of wetland creation will occur.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: 910.452.oo6o
38o5 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
r
4. At a minimum, DWQ requires that deed notifications be recorded for all retained
jurisdictional waters as required by Water Quality GC 3821 (417). Please provide a draft
copy that includes the proposed preservation language that will be recorded to
accomplish this.
The applicant plans to preserve restored and created wetlands on their property using a
Model Declaration of Restrictions. Attached is a draft copy of the proposed preservation
language.
Please contact me if you have any additional questions. Thank you for your assistance
with this project.
Sincerely,
1.
Kim Williams
Environmental Scientist
Encl.
C: Mr. Ralph Ronalter, Jr.; Dollar Properties LLC
Ms. Linda Suydam, Baseline Construction Inc.
Mr. Ian McMillan, DWQ
Ms. Jennifer Frye, ACOE
Ms. Christy Wicker, ACOE
www.lmgroup.net • info@a Imgroup.net • Phone: [phone] • Fax: 910.452.oo6o
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 1850001040
Latitude: 33.9887 Longitude: -78.2069
1 b. Site coordinates (in decimal degrees): (DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 2.13 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Unnamed tributary of the Lockwood Folly River
proposed project:
2b. Water Quality Classification of nearest receiving water: C; Sw
2c. River basin: Lumber 03040207
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:

. ..? iner wa
Project area consists +,s of an existing Collar General s +ore and associated parking. The landowner was unaware that the
site contained wetlands prior to development. Approximately 0.61 acres of wetlands were filled on this property and the
property located to the south. This is an after-the-fact permit application that seeks to keep 0.269 acres of wetland fill.
Remaining wetlands will be restored once permission from the landowner (Mr. Louie Lewis) is obtained. Adjacent land
use is commercial, residential, agriculture, or undeveloped.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.49 acre of wetlands existed on the property, which has been filled. An additional 0.12 acre of wetlands
existed on the property to the south.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the project was to construct a Dollar General store for the community.
3e. Describe the overall project in detail, including the type of equipment to be used:
The site was cleared and fill material was brought in to grade the site. The Dollar General store, parking area, and turn-
around area were constructed. The applicant proposes to keep approximately 0.269 acres of wetland fill needed for the
building footprint. Approximately 0.326 acres of fill located south of the building will be removed and restored to wetlands
once permission from the landowner for the southern property (Mr. Louie Lewis) is obtained. Additionally, 0.036 acre of
wetlands will be created.
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:
Land Management Group, Inc.
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A preliminary USACE jurisdictional determination was issued to a previous landowner on 06/19/06 stating that wetlands
exist on property. Since the wetland line was not surveyed prior to disturbance, the specific wetland boundaries have
been approximated by Jennifer Frye and Christy Wicker of the USACE.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. 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 Fill for building
pad
-Riparian
Non ® Yes *
? No ® Corps
® DWQ 0.269
? Yes ? Corps
W2 ? P ? T ? No ? DWQ
? Yes ? Corps
W3 ? P ? T ? No ? DWQ
? Yes ? Corps
W4 ? P ? T ? No ? DWQ
? Yes ? Corps
W5 ? P ? T ? No ? DWQ
? Yes ? Corps
W6 ? P ? T ? No ? DWQ
2g. Total wetland impacts 0.269
2h. Comments: *This is an after-the-fact permit application. Area was partially forested prior to disturbance.
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
? INT ? Corps
? DWQ
S2 ? P ? T ? PER
? INT ? Corps
? DWQ
S3 ? P ? T ? PER
? INT ? Corps
? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
? PER ? Corps
S5 ? P ? T ? INT ? DWQ
S6 ? 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
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant has revised the site plan to reduce wetland impacts further. The wetland impacts to be left in place have
been minimized to the area essential to the structural integrity of the existing building. Other fill in wetlands (0.326 ac) will
be removed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Fill material removed from wetlands will be placed within an upland area. Wetlands to be restored will be returned to
natural grade and planted with native wetland species.
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

El Payment to in-lieu fee program

® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank:
3a. Name of Mitigation Bank: Stone Farm Mitigation Bank
3b. Credits Purchased (attach receipt and letter) Type Non-riparian Quantity 0.5 acre
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program: N/A
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: N/A
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: N/A acres
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.
Approximately 0.326 acres of wetlands will be restored by removing unauthorized fill from this area and planting native
wetland vegetation in the area once permission from the landowner of the property to the south has been obtained (see
attached figure). Additionally, 0.036 acre of wetlands will be created.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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?
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:
A stormwater permit from Brunswick County was obtained prior to constructing the Do llar General Store. The applicant is
currently developing a stormwater plan for DWQ.
® 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:
3a. In which local government's jurisdiction is this project? Brunswick County
? 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
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ® No
attached?
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
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?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? 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 federally
protected species were noted on or within a one-half mile 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. The site is not considered EFH.
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? ? Yes ® No
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. The project site does not fall within these
boundaries.
Willi ?r 11/17/2010
ams
Kim
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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Map created for Section 44/401 kermitting purposes only.
Wetland boundaries have not been surveyed.
SCALE: 1" = 50'
D 404 Wetlands
Permanent Impact to 404 Wetlands
404 Wetlands to be Restored
® 404 Wetlands to be Created
Dollar General Store; NC 211
Brunswick County, NC
Dollar Properties, LLC
Figure 5. Site plan showing
wetland impacts and mitigation.
revised November 2010
Restoration Plan
Dollar General, Highway 211
Dollar Properties LLC
Action ID# 2006-32734
DWQ Project # 10-0743
Brunswick County, North Carolina
Prepared by:
LMG
LAND MANAGEMENT GROUP INC.
P.O. BOX 2522
Wilmington, NC 28402
[phone]
Prepared for:
U.S. Army Corps of Engineers
Wilmington, NC
October 2010
Table of Contents
List of Tables, Figures, and Appendices ............................................................................. ii
1.0 INTRODUCTION .......................................................................................................................... 3
2.0 SITE DESCRIPTION ....................................................................................................................3
3.0 WETLAND RESTORATION & CREATION ............................................................................3
4.0 MONITORING ..............................................................................................................................4
5.0 IMPLEMENTATION SCHEDULE .............................................................................................4
6.0 SUMMARY .....................................................................................................................................4
List of Tables, Figures, and Appendices
Table 1. List of species to be planted within restored and created wetlands ............................6
Figure 1. Vicinity map ..............................................................................................................7
Figure 2. Site plan showing areas of wetland restoration and creation ....................................8
Appendix A. Photographs of Site
Appendix B. Draft Preservation Language
Appendix C. Acceptance Letter from Stone Farm Regional Mitigation Bank
II
1.0 Introduction
In order to resolve Notices of Violation issued by the U.S. Arniy Corps of Engineers and the
NC Division of Water Quality for unauthorized wetland disturbance located at the Dollar General
site in Brunswick County, the owner, Dollar Properties LLC, will restore a portion of these disturbed
wetlands and obtain a Nationwide Permit for the remaining impacts. The site is 2.13 acres in size and
is located off of Highway 211 in Brunswick County, NC (Figure 1). The landowner was unaware that
the site contained wetlands prior to development. Approximately 0.61 acres of wetlands were filled
on this property and the property located to the south during construction of the Dollar General store.
To resolve the violations and mitigate for permanent impacts, the applicant proposes to restore 0.326
acre of wetlands and create 0.036 acre of wetlands. Wetlands located on their property will be
preserved using a Declaration of Restriction. The applicant will also buy credits from the Stone Farm
Mitigation Bank for the restoration of 0.50 acre of non-riparian wetlands within the Lumber River
Basin.
2.0 Site Description
This site is 2.13 acres in size and supports an existing Dollar General store and associated
parking (Appendix A). According to the Soil Survey for Brunswick County, soils within the site are
classified as Torhunta mucky fine sandy loam and Foreston loamy fine sand. Vegetated wetlands
located adjacent to the site contain loblolly pine (Pinus taeda), pond pine (P. serotina), red bay
(Persea palustris), and various wetland herbaceous species. Approximately 0.61 acres of wetlands
were filled on this property and the property located to the south during construction of the Dollar
General store.
3.0 Wetland Restoration & Creation
The applicant plans to restore 0.326 acre of wetlands by removing unauthorized fill material
from these areas (Figure 2). Additionally, soil will be removed from 0.036 acre of uplands located
adjacent to the wetland restoration area in order to create wetlands. The removed material will be
placed in uplands located on the property. A laser level will be used to ensure that elevations of both
the restored and created wetlands are similar to undisturbed wetlands located on the adjacent site.
The restored and created wetlands will be planted with a variety of native woody vegetation
on an 8'-spacing (Table 1). The remaining wetland fill (0.269 acre) is needed for the structural
support of the existing building and will not be removed. The owner has applied for a Nationwide 39
Pennit to authorize this impact.
4.0 Monitoring
A general site analysis will occur directly after restoration activities have been completed and
will consist of taking photographs of the restored and created wetlands to document as-built
conditions. A small narrative will be written and submitted to the ACOE and the NC DWQ. From
then on, monitoring will occur annually for up to five years or until the site is deemed successful.
During each monitoring event, the vegetation within the restored and created wetlands will be
counted and identified. The vegetative success criterion will be the survival of at least 320 stems per
acre of planted and acceptable volunteer species. A monitoring report that summarizes these results
and includes photographs of the restored and created areas will be submitted to the ACOE and the
NC DWQ by December 31" of each year.
5.0 Implementation Schedule
Mitigation activities will commence once the Nationwide Permit and 401 Water Quality
Certification are obtained. The area will be planted with wetland vegetation in the winter of 2011.
6.0 Summary
In order to compensate for 0.61 acre of unauthorized wetland impacts at the Dollar General
store off of Highway 211 in Brunswick County, NC, the owner of the tract will restore a portion of
these disturbed wetlands and obtain a Nationwide Permit for the remaining impacts. Approximately
0.326 acre of wetlands will be restored and 0.036 acre of wetlands will be created. These areas will
be planted with native wetland vegetation (Table 1). A general site analysis will occur directly after
mitigation activities have been completed to evaluate initial success. From then on, vegetative
monitoring will occur annually for up to five years or until deemed successful by commenting
agencies. Wetlands located on the Dollar General property will be preserved using a Declaration of
4
Restriction (Appendix B). Finally, the applicant will buy into the Stone Farm Mitigation Bank for the
restoration of 0.50 acre of non-riparian wetlands in the Lumber River Basin (Appendix Q.
The remaining wetland fill (0.269 acre) is needed for the structural support of the existing
building and will not be removed. The owner has applied for a Nationwide 39 Permit to authorize
this impact.
Table 1. Typical woody species to be planted within the on-site wetland restoration and creation
area. Planting will be based on nursery availability.
Common Name Scientific Name
Pond Pine Pinus serotina
Red Bay Persea Palustris
Loblolly Bay Gordonia lasianthus
Sweet Pepperbush Clethra alnifolia

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Lot 2
0.326 ac
Map created for Section 44/401 kermitting purposes only. Trold 8
Wetland boundaries have not been surveyed.
El 404 Wetlands
Permanent Impact to 404 Wetlands
404 Wetlands to be Restored
® 404 Wetlands to be Created
SCALE: 1" = 50'

Dollar General Store; NC 211
Brunswick County, NC
Dollar Properties, LLC
Figure 2. Site plan showing
wetland impacts and mitigation.
revised November 2010

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*Boundaries are approximate and are not meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg 87.2003
Dollar General; Hwy 211 Land Management Group, Inc.
Dollar Properties LLC Environmental Consultants
Brunswick County, NC Wilmington, N.C.
40-10-068 August 2010
SCALE 1" = 1 Mile
Figure 1
Vicinity Map
APPENDIX A. Photographs of site
Dollar General; Highway 211
Brunswick County, NC
40-10-068
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
October 2010
Site Photos
Looking north at Dollar General store from area south of property.
Looking northwest across mitigation area at driveway.
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Dollar General; Highway 211
Brunswick County, NC
40-10-068
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
October 2010
Site Photos
Looking west across site. Well house is in view.
Undisturbed wetlands on property to south.
Looking north at disturbed wetlands.
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Dollar General, Highway 211
Brunswick County, NC
40-10-068

Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
October 2010

Site Photos
Appendix B. Draft Preservation Language
MODEL DECLARATION OF RESTRICTIONS
October, 2010
STATE OF NORTH CAROLINA
BRUNSWICK COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of October,
2010, by
"Declarant")
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately acres, more particularly described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing asurvey of the preserved area may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland
and/or riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition. The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID #
issued by the Wilmington District Corps of Engineers (Corps),
required to mitigate for unavoidable impacts to waters of the United States authorized by
that permit, and this Conservation Declaration may therefore be enforced by the United
States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair
or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
1, Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of
the parties with respect to the Conservation Declaration and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation
Declaration. If any provision is found to be invalid, the remainder of the provisions of
this Conservation Declaration, and the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, shall not be affected
thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of Brunswick County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
(SEAL)
NORTH CAROLINA
COUNTY OF BRUNSWICK
I,
State aforesaid, do hereby certify that
a Notary Public in and for the County and
Declarant,
personally appeared before me this day and acknowledged the execution of the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this
the day of , 2010.
Notary Public
My commission expires:
Appendix C. Acceptance Letter from Stone Farm Regional Mitigation Bank
INVv VJ IU IU..J`ta Lavaiic vJiN?i au?n
- . v v I - _ _ _ _ I.-
STONE FARM REGIONAL MITIGATION BANK
CREDIT REQUEST ACCEPTANCE
Date: November 5, 2010
Dollar Properties, LLC
155 West York Ave, Suite 200
Southern Pines, NC 2838T
Project Name: Dollar General; Highway 211
Expiration of Acceptance: May 5, 2011
SFMB Number: SFMB 008
Stone Farm Mitigation Bank, LLC
11 Causeway Drive
Ocean Isle Beach, NC 28469
Dear Sir or Madam:
The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank (Bank) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision
does not assure that the payment will be approved by the permit issuing agencies as mitigation for project
impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the
Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios
that will be required for the corresponding wetland and/or stream impacts. You must also comply with all
other state, federal or local government permits, regulations or authorizations associated with the proposed
activity.
This acceptance is valid for six (6) months from the date of this letter and is not transferable. If we have not
received payment for the accepted credits of the issued 404 Permit/401 Certification/CAMA permit
within this time frame, this acceptance will expire. Predicated on the total payment due to the Bank, as
setforth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. It is
the applicant's responsibility to send copies of their permits lathe Bank. Once the Bank receives a copy of
the permit(s), an invoice will be issued based on the information identified below. Payment must be made
prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and
amounts identified below are consistent with the compensatory mitigation requirements of the permit(s)
issued, The Bank and/or its agents are not responsible for determining the applicant's mitigation
requirements.
Based on the information supplied by the applicant, the impacts that may require compensatory mitigation
are summarized in the following table:
CU Location Stream (ft.) Wetlands ac.
Riveri n e Non-Rive rin e
Impact 03040207 .233
Credits .466
Note that the impact and credit totals above were provided by the applicant, It is the applicant's
responsibility to provide accurate information (including the requested mitigation credits). The Bank and/or
its agents are not responsible for determining the required credit amounts. The Bank's decision to accept
credits is based upon the information provided by the applicant. The Bank is not liable for any credit
shortage should the applicant's required mitigation credits exceed the amount specified in the above table.
Based upon the type and amounts of credits requested above, the following payment must be provided to
the Bank prior to issuance of credits:

Credit Type Unit Per Unit Credit Fee Sub-Total
Stream 0 $372.00 $0.00
Non-Riverine Wetland 0.5 $49,371.00 $24,685.50
Riverine Wetland 0 $68,431.00 $0.00
Total Payment Due $24,685.50
Non-refundable Deposit $2,468.55
Balance Due Upon invoice $22,216.95
Upon receipt of full payment, the Bank will take responsibility for providing the compensatory mitigation. If
the regulatory agencies require mitigation credits greater than indicated above, and should the applicant
want the Bank to provide such credits, it is the applicant's responsibility to submit an additional credit
request form to the Bank.
It you have any questions or need additional information, please contact Coleman Ramsey at [phone]
or dearaiders(a)aol,com.
Sincerely,
i
Coleman Ramsey
Director
Stone Farm Mitigation Bank, LLC
r
cc: NCDWQ-Raleigh
USACE
NCDWQ-Local
Land Management Group, Inc.