20041167 Ver 2_Other Agency Comments_20070425

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
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Apri120, 2007 ~ ~ _ l ~ ~ ~' V 2'
Action ID No. SAW-2003-214-065
Savana Land Company, LLC
Attn: Mr. Burrows Smith
7036 Wrightsville Beach, Suite 101
Wilmington, North Carolina 28403
Dear Mr. Smith:
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APR 2 5 2007
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Please reference the Individual Permit, originally issue to Dallas Harris Construction on
July 5, 2005, and transferred to you on August 22, 2005, permitting the discharge of fill material
into 0.611 acres of Section 404 wetlands and 2.79 acres of Waters of the United States adjacent
to and hydrologically connected to Smith Creek, a tributary to the Northeast Cape Fear River,
associated with the construction of Phases V, VI, and VII of the Westbay Estates residential
development. The project is located along the west side of North Carolina Highway 17 (Market
Street), off Torchwood Boulevard, in Wilmington, New Hanover County, North Carolina.
Please also reference your application, dated December 5, 2006, and additional information
dated January 26, 2007, and February 21, 2007, to modify your permit to reflect changes in the
subdivision site plan, specifically Tract A/Park Ridge Manor (Phase VI) and Tracts C &
D/Westbay (also Phase VI). No changes to Tract B (Phase VII) or Phase V are proposed. You
have stated that these plan changes are the result of requirements of the City of Wilmington and
the North Carolina Department of Transportation to protect, for three years, a 150-foot public
right-of--way for the proposed Military Cutoff Road Extension.
For Tracts A, C & D, the issued permit authorized the discharge of fill material into 0.61
acres of wetlands and 1.16 acres of jurisdictional Waters of the U.S. Compensatory mitigation
for the wetland impacts included on-site creation of 1.18 acres and preservation of 5.06 acres of
remaining wetlands, as described in Special Conditions (1) and (m). It is our understanding that
you now propose, for Tracts A, C, & D, to permanently impact 0.24 acres of wetlands and 1.12
acres of Waters, and to provide on-site mitigation through the restoration of 7.03 acres of
wetlands and the preservation of 5.43 acres of remaining wetlands. As such and including Tract
B, final proposed impacts are now 0.24 acres of wetlands and 1.33 acres of Waters of the U.S.
with the preservation of 12.46 acres of restored (7.03 acres) and existing on-site wetlands (5.43
acres).

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Upon review of this information, we have determined that your new proposal maintains
compliance with the 404(b)(1) guidelines and is not contrary to the public interest provided you
comply with the Special Conditions of the Permit. Therefore, we have modified your Individual
Permit to authorize the discharge of fill material into 0.24 acres of wetlands and 1.33 acres of
Waters of the U.S., to facilitate the final development phases (V, VI, and VII) of the Westbay
residential community. We have modified the Permit Special Conditions as follows (changes
identified in bold type):
Mitigation and Preservation
1) The permittee shall fully implement the compensatory mitigation plan, entitled
Westbay Estates Mitigation Plan dated, March 7, 2005; final revision February
2007 (attached). Activities prescribed by this plan shall be initiated prior to, or
concurrently with, commencement of any construction activities within jurisdictional
areas authorized by this permit. The permittee will complete all construction and
vegetation plantings in accordance with this plan by November 1, 2007, and fully
implement the specified monitoring plan in accordance with the mitigation plan and
permit conditions.
If the vegetative success criterion of the survival of 320 trees per acre after two
years, and 260 trees per acre after five years (species as specified in the mitigation
plan), as specified in the mitigation plan, is not met, the permittee will submit, to the
review agencies, a determination as to the necessary corrective action(s) to be taken.
After agency approval, the action(s) will be implemented and the five-year
monitoring period for vegetation will restart.
If the hydrology success criterion, a hydroperiod of at least 12.5% of the growing
season, is not met in any normal year, the permittee will submit, to the review
agencies, a determination as to the necessary corrective action(s) to be taken. After
agency review and Corps approval, the action(s) will be implemented and the
permittee will continue monitoring hydrology until performance criterion has been
met during a normal year.
The permittee shall provide annual monitoring reports to the Corps by April 1St of
each year, the first submittal within 30 days of initial vegetation plantings, until
the success criteria have been met to the satisfaction of the District Engineer.
m) Permittee shall execute and cause to be recorded in the New Hanover County
Register of Deeds Restrictive Covenants (attached) for the purpose of maintaining
5.43 acres of existing jurisdictional wetlands and 7.03 acres of restored wetlands, as
shown on the Preservation Map for Westbay Estates, dated December 1, 2006,
and Preservation Map for Park Ridge Manor and West Side Village at West
Bay, dated November 28, 2006, (also attached) in their natural and mitigated
state in perpetuity, prior to the sale or conveyance of any lots or other property

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within the subdivision or within 90 days of this Modification, whichever occurs
first. A final survey of the preservation areas with the subdivision site plan/lot
layouts clearly identified, sealed by a licensed land surveyor, must also be
recorded with the New Hanover County Register of Deeds at the same time the
Restrictive Covenants are recorded. No person or entity shall. fill, grade,
excavate, or perform any other land disturbing activities; nor construct any
structures, nor allow animal grazing or watering or any other agricultural use
on such conservation areas. The permittee shall enforce the terms of the
restrictive covenants and, prior to conveyance of the property, shall take no
action on the property described in the covenants inconsistent with the terms
thereof. The permittee shall provide a copy of the recorded restrictive
covenants and survey map(s) to the Corps of Engineers within 15 days of
recording.
These documents are intended to ensure continued compliance with the condition
of a Clean Water Act authorization issued by the United States of America, U.S.
Army Corps of Engineers, Wilmington District, Action 1D SAW-2003-214-065
(formerly 200300214), and therefore maybe enforced by the United States of
America. This covenant is to run with the land, and shall be binding on the Owner,
and all parties claiming under it. These provisions relating to wetlands cannot be
amended or modified without the express written consent of the U.S. Army
Corps of Engineers, Wilmington District.
Please be advised that all other conditions of the original permit remain applicable and that
the expiration date is unchanged. Should you have questions, please contact Jennifer Frye at the
Wilmington Regulatory Field Office, telephone [phone].
Sincerely,
John E. Pulliam, Jr.
Colonel, U.S. Army
District Engineer
Enclosures
Copies Furnished (with enclosures):
Ms. Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412

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Ms. Noelle Lutheran
Division of Water Quality
N.C. Department of Environment
and Natural Resources
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Stephen Rynas
Federal Consistency Coordinator
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Copies Furnished (without enclosures):
Ms. di Karoly
' ision of Water Quality
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ronald Mikulak
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421